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