David Delman v. Entertainment Partners Group Inc et al
Filing
67
MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez re Order Denying Plaintiff's Ex Parte Application 66 : On November 20, 2008, Plaintiff David Delman filed an ex parte application in which he requests oral argument for November 24, 2008 on Defendant Touchstone's Motion to Dismiss. The Court finds the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15. It repeatedly has been held that there is no constitutional right to present or al argument on a motion. See Morrow v. Topping, 437 F.2d 1155, 1156 (9th Cir.1971). Indeed, courts have repeatedly held that the decision of whether to hold oral argument is within the discretion of the district court. See id. In accordance with well-established precedent, the Court declines to hold oral argument on Defendant Touchstone's Motion to Dismiss. Accordingly, Plaintiff's ex parte application is hereby DENIED. (bm)
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 07-3423 PSG (CWx) David Delman v. GEP Gencast, LLC, et al. Date Nov. 20, 2008
Present:
The Honorable Philip S. Gutierrez, United States District Judge Not Present Court Reporter n/a Tape No.
Wendy K. Hernandez Deputy Clerk Attorneys Present for Plaintiff(s): Not Present Proceedings:
Attorneys Present for Defendant(s): Not Present
(In Chambers) Order Denying Plaintiff's Ex Parte Application
On November 20, 2008, Plaintiff David Delman filed an ex parte application in which he requests oral argument for November 24, 2008 on Defendant Touchstone's Motion to Dismiss. The Court finds the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15. It repeatedly has been held that there is no constitutional right to present oral argument on a motion. See Morrow v. Topping, 437 F.2d 1155, 1156 (9th Cir.1971). Indeed, courts have repeatedly held that the decision of whether to hold oral argument is within the discretion of the district court. See id. In accordance with well-established precedent, the Court declines to hold oral argument on Defendant Touchstone's Motion to Dismiss. Accordingly, Plaintiff's ex parte application is hereby DENIED. IT IS SO ORDERED.
CV 07-3423 (11/08)
CIVIL MINUTES - GENERAL
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