Sears et al v. County of Monterey et al

Filing 195

ORDER by Hon. Lucy H. Koh granting 194 Ex Parte Application. (lhklc1, COURT STAFF) (Filed on 9/25/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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)
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Plaintiff,
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v.
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COUNTY OF MONTEREY and HOUSING
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AUTHORITY OF THE COUNTY OF
MONTEREY, as California Government Entity )
Employers, MONTEREY COUNTY HOUSING )
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AUTHORITY DEVELOPMENT
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CORPORATION, as a California Non-Profit
Entity Employer, CSI HR GROUP, LLC, as a )
For Profit Entity, STARLA K. WARREN, as an )
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Individual and Employee or Agent of Entity
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Defendants, and DOES 1-50,
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Defendants.
THOMAS M. SEARS,

Case No.: 5:11-cv-01876-LHK
ORDER GRANTING EX PARTE
MOTION FOR RELIEF

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The Court concludes that Plaintiff’s failure to timely file his Opposition to Defendant

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Housing Authority of the County of Monterey’s (“Defendant”) Motion to Dismiss Plaintiff’s

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Second Amended Complaint (“Motion to Dismiss”) was due to the excusable neglect of Plaintiff’s

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counsel. Accordingly, the Court GRANTS Plaintiff’s request that his time to file his Opposition to

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the Motion to Dismiss (“Opposition”) be extended. Plaintiff is ordered to file his Opposition by

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Case No.: 5: 11-cv-01876-LHK
ORDER DENYING EX PARTE MOTION FOR RELIEF

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September 28, 2012. Defendant is permitted to file a supplemental reply addressing Plaintiff’s

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Opposition by October 5, 2012.1

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IT IS SO ORDERED.

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Dated: September 25, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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The Court notes that neither Federal Rule of Civil Procedure 60 nor Local Rule 7-10 authorizes
Plaintiff to move ex parte for an order extending Plaintiff’s time to respond to a motion. In the
future, Plaintiff should seek relief by filing a motion or a stipulation pursuant to Local Rule 6-3.
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Case No.: 5: 11-cv-01876-LHK
ORDER DENYING EX PARTE MOTION FOR RELIEF