Wingen et al v. Ventrum Energy Corp. et al

Filing 78

ORDER. IT IS HEREBY ORDERED that Wingen's Ex Parte Motion to Extend Time to 76 is DENIED, without prejudice to refile with proper notice and an opportunity to be heard by all parties that may be affected by the remedy. Signed by Magistrate Judge Cam Ferenbach on 1/28/16. (Copies have been distributed pursuant to the NEF - PS)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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PHILLIP WINGEN; et. al.,
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Case No. 2:15–cv–2043–JCM–VCF

Plaintiffs,
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vs.

ORDER

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VENTRUM ENERGY CORP.; et.al.,

EX PARTE MOTION TO EXTEND TIME TO SERVE
SUMMONS (DOC. #76)

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Defendants.

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Before the court is Wingen’s Ex Parte Motion to Extend Time to Serve Summons (Doc. #76).
For the reasons stated below, Wingen’s ex parte motion is denied.

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I. DISCUSSION

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“Motions, applications or requests may be submitted ex parte only for compelling reasons, and
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not for unopposed or emergency motions.” LR 7-5(c). “All ex parte motions, applications or requests
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shall contain a statement showing good cause why the matter was submitted to the Court without notice
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to all parties.” LR 7-5(b). Wingen’s declaration explains his unsuccessful efforts to serve Defendants,
but does not establish good cause why the instant motion must be heard ex parte. 1 (Doc. #77).

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ACCORDINGLY, and for good cause shown,

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IT IS HEREBY ORDERED that Wingen’s Ex Parte Motion to Extend Time to Serve Summons

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As of January 28, 2016, Defendants Paul Grady, Montgomery George, William M. Wright III, Keystone Financial
Management, Inc., and CGrowth Capital, Inc. have appeared in this action and filed answers.

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(Doc. #76) is DENIED, without prejudice to refile with proper notice and an opportunity to be heard by
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all parties that may be affected by the remedy.
DATED this 28th day of January, 2016.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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