Boyd v. United States Department of Treasury et al

Filing 104

ORDER GRANTING IN PART AND DENYING IN PART 98 JOINT EX PARTE APPLICATION. Signed by Judge Beth Labson Freeman on 11/15/2016. (blflc4S, COURT STAFF) (Filed on 11/15/2016)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN JOSE DIVISION 8 9 MICHAEL E BOYD, Case No. 15-cv-03494-BLF Plaintiff, 10 v. United States District Court Northern District of California 11 12 UNITED STATES DEPARTMENT OF TREASURY, et al., 13 ORDER GRANTING IN PART AND DENYING IN PART JOINT EX PARTE APPLICATION Defendants. [Re: ECF 98] 14 15 On November 14, 2016, Defendants filed a joint ex parte application to set hearing on all 16 of Defendants’ motions to dismiss on January 26, 2017. Mot., 4, ECF 98. Defendant Brown and 17 Cohen also seek leave to update their pending motion to dismiss. Id. For reasons stated below, 18 the Court GRANTS IN PART and DENIES IN PART this joint ex parte application. 19 The Court cannot accommodate any additional hearings on the requested date because the 20 calendar is full. As such, the Court DENIES Defendants’ request to schedule all of their motions 21 to dismiss on January 26, 2017. The Court GRANTS Defendants Brown and Cohen’s request to 22 refile an updated motion to dismiss. 23 Even though the Court is ruling on this ex parte application, counsel is advised that an ex 24 parte application for this type of relief is improper and without good cause. Defendants assert that 25 “good cause” exists to file this application without notice to opposing party because of judicial 26 economy. Id. However, the Court notes that with respect to the relief sought here, filing an 27 administrative motion would not sacrifice judicial economy, while also providing notice to the 28 opposing party. Accordingly, an administrative motion under Civil Local Rule 7-11 and the 1 2 Court’s Standing Order re Civil Cases, subsection C.1 should be the appropriate procedure here. IT IS SO ORDERED. 3 4 5 6 Dated: November 15, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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