Hernandez v. Indymac Bank et al

Filing 148

ORDER that the Clerk of Court must unseal Plaintiff's 146 Ex Parte Request to Clarify Order Filed 2/1/2016 Referencing Request to Modify Order on Defendants' Motion to Strike Plaintiff's Expert Report. Signed by Magistrate Judge Carl W. Hoffman on 2/10/2016. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 JOSE HERNANDEZ, ) ) Plaintiff, ) ) vs. ) ) INDYMAC BANK, et al., ) ) Defendants. ) ) ____________________________________) Case No. 2:12-cv-00369-MMD-CWH ORDER 11 Presently before the Court is Plaintiff Jose Hernandez’s Ex Parte Request to Clarify Order 12 Filed 2/1/2016 Referencing Request to Modify Order on Defendants’ Motion to Strike Plaintiff’s 13 Expert Report (ECF No. 146), filed on February 5, 2016. 14 Local Rule 7-5(b) provides that “[a]ll ex parte motions, applications or requests shall 15 contain a statement showing good cause why the matter was submitted to the Court without notice 16 to all parties.” Local Rule 7-5(c) further provides that “[m]otions, applications or requests may be 17 submitted ex parte only for compelling reasons . . . .” The Court has reviewed Plaintiff’s motion 18 and finds that Plaintiff does not demonstrate good cause or compelling reasons why the motion was 19 submitted to the court without notice to all parties. The Court therefore declines to consider this 20 motion on an ex parte basis and will issue an order jointly addressing this motion and Plaintiff’s 21 other pending motion (ECF No. 142). 22 IT IS THEREFORE ORDERED that Clerk of Court must unseal Plaintiff Jose Hernandez’s 23 Ex Parte Request to Clarify Order Filed 2/1/2016 Referencing Request to Modify Order on 24 Defendants’ Motion to Strike Plaintiff’s Expert Report (ECF No. 146). 25 DATED: February 10, 2016 26 27 28 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge

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