Hernandez v. Indymac Bank et al

Filing 145

ORDER that the Clerk of Court must unseal Plaintiff Jose Hernandez's Ex Parte Request to Modify Order on Defendants Motion to Strike Plaintiffs Expert Report (ECF No. 142 ). Signed by Magistrate Judge Carl W. Hoffman on 2/1/16. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 JOSE HERNANDEZ, ) ) Plaintiff, ) ) vs. ) ) INDYMAC BANK, et al., ) ) Defendants. ) ) ____________________________________) 16 Case No. 2:12-cv-00369-MMD-CWH ORDER Presently before the Court is Plaintiff Jose Hernandez’s Ex Parte Request to Modify Order 17 on Defendants’ Motion to Strike Plaintiff’s Expert Report (ECF No. 142), filed on January 22, 18 2016. Plaintiff requests that the Court modify the expert disclosure deadline and that the Court 19 limit Defendants’ request for attorney’s fees. 20 Local Rule 7-5(b) provides that “[a]ll ex parte motions, applications or requests shall 21 contain a statement showing good cause why the matter was submitted to the Court without notice 22 to all parties.” Local Rule 7-5(c) further provides that “[m]otions, applications or requests may be 23 submitted ex parte only for compelling reasons . . . .” The Court has reviewed Plaintiff’s motion 24 and finds that Plaintiff does not demonstrate good cause or compelling reasons why the motion was 25 submitted to the court without notice to all parties. The Court therefore declines to consider this 26 motion on an ex parte basis and will enter an order on the motion after Defendants’ response 27 deadline and Plaintiff’s reply deadline have expired. 28 /// 1 IT IS THEREFORE ORDERED that Clerk of Court must unseal Plaintiff Jose Hernandez’s 2 Ex Parte Request to Modify Order on Defendants’ Motion to Strike Plaintiff’s Expert Report (ECF 3 No. 142). 4 5 DATED: February 1, 2016 6 7 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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