Bank of New York Mellon v. Foothills at Southern Highlands Homeowners Association et al

Filing 41

ORDER. IT IS HEREBY ORDERED that 39 Plaintiff's Ex Parte Motion to Correct Caption will be briefed in the ordinary course. The Clerk of Court is directed to remove the ex parte status on 39 Plaintiff's Ex Parte Motion. Signed by Magistrate Judge Cam Ferenbach on 9/25/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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THE BANK OF NEW YORK MELLON, FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF THE
CWALK, INC., ALTERNATIVE LOAN TRUST
2006-OA6, New York Corporation,
Plaintiffs,

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2:17-cv-01918-RFB-VCF
ORDER

vs.
THE FOOTHILLS AT SOUTHERN
HIGHLANDS HOMEOWNERS
ASSOCIATION, et al.,
Defendants.

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Before the court is Plaintiff’s Ex Parte Motion to Correct Caption (ECF No. 39). Since this motion

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is filed as ex-parte, Defendants received no notice of the filing of instant motion through CM/ECF.

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Plaintiff has not provided the court with any reason to grant the relief on an ex parte basis.

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Pursuant to Local Rule IA 7-2(b), neither party nor an attorney for any party may make an ex parte
communication with the court except as specifically permitted by the local rules or the Federal Rules of

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Civil Procedure. Here, Plaintiff has not given good cause or any compelling reason why the instant motion
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was submitted to the Court without notice to defendants.
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Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Ex Parte Motion to Correct Caption (ECF No. 39) will
be briefed in the ordinary course.

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The Clerk of Court is directed to remove the ex parte status on Plaintiff’s Ex Parte Motion (ECF
No. 39).
DATED this 25th day of September, 2018.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE