Acosta et al v. City of Salinas

Filing 33

Order Directing Plaintiffs to Respond to 31 Motion for Leave to File Supplementary Material. Signed by Judge Lucy Koh on 02/11/2016. (lhklc2S, COURT STAFF) (Filed on 2/11/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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RITA ACOSTA, et al.,
Plaintiffs,

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Case No. 15-CV-05415-LHK
ORDER DIRECTING PLAINTIFFS TO
RESPOND TO MOTION FOR LEAVE
TO FILE SUPPLEMENTARY
MATERIAL

v.
CITY OF SALINAS,

Re: Dkt. No. 31
Defendant.

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On February 11, 2016, Defendant filed an ex parte motion for leave to file supplementary

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material. ECF No. 31. Civil Local Rule 7-10, which governs ex parte motions, provides that “a

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party may file an ex parte motion . . . only if a statute, Federal Rule, local rule or Standing Order

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authorizes the filing of an ex parte motion.” Civil L.R. 7-10. Moreover, the ex parte motion

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“must include a citation to the statute, rule or order which permits the use of an ex parte motion to

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obtain the relief sought.” Id.

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With respect to this requirement, Defendant’s ex parte motion refers only to two Civil

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Local Rules: Civil Local Rule 7-3(d), which governs how supplementary material may be filed,

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and Civil Local Rule 7-11, which govern motions for administrative relief. ECF No. 31 at 1; Civil

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Case No. 15-CV-05415-LHK
ORDER DIRECTING PLAINTIFFS TO RESPOND TO MOTION FOR LEAVE TO FILE SUPPLEMENTARY
MATERIAL

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L.R. 7-3(d); Civil L.R. 7-11. Importantly, neither Civil Local Rule 7-3(d) nor Civil Local Rule 7-

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11 “permits the use of an ex parte motion to obtain the relief sought.” Civil L.R. 7-10.

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Accordingly, the Court shall treat Defendant’s motion not as an ex parte motion, but as a

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motion for administrative relief. Thus, pursuant to Civil Local Rule 7-11, the Court hereby

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ORDERS Plaintiffs to file a response to Defendant’s motion by February 16, 2016, at 5:00 p.m.

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See Civil L.R. 7-11(b) (“Any opposition to or support for a Motion for Administrative Relief . . .

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must be filed no later than 4 days after the motion has been filed.”); Fed. R. Civ. P. 4(a)(1) (“[I]n

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computing any time period . . . count every day . . . but if the last day is a . . . legal holiday, the

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period continues to run until the end of the next day.”).
IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: February 11, 2016

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______________________________________
LUCY H. KOH
United States District Judge

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Case No. 15-CV-05415-LHK
ORDER DIRECTING PLAINTIFFS TO RESPOND TO MOTION FOR LEAVE TO FILE SUPPLEMENTARY
MATERIAL