AtPac, Inc v. Aptitude Solutions, Inc., et al

Filing 169

ORDER signed by Magistrate Judge John F. Moulds on 5/31/11 DENYING 166 Ex Parte Application. For purposes of the motion referenced in plaintiffs ex parte application, the parties are relieved of the letter briefing requirement set forth in 56 Order. Said motion may be noticed on the undersigneds regular law and motion calendar. (Meuleman, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ATPAC, INC., 11 12 13 14 Plaintiff, vs. APTITUDE SOLUTIONS, INC., et al., Defendants. 15 16 No. CIV S-10-294 WBS JFM (TEMP) ORDER / Plaintiff has submitted an ex parte application for an order shortening time for 17 hearing on a motion for terminating sanctions due to defendants’ alleged failure to comply with 18 discovery orders. Under the revised scheduling order filed October 28, 2010, the discovery cut- 19 off is September 15, 2011. Plaintiff fails to demonstrate why a motion for terminating sanctions 20 must be heard on shortened time. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. Plaintiff’s ex parte application (docket no. 166) is denied. 23 2. For purposes of the motion referenced in plaintiff’s ex parte application, the 24 parties are relieved of the letter briefing requirement set forth in the court’s November 18, 2010 25 order. (Docket no. 56.) Said motion may be noticed on the undersigned’s regular law and 26 motion calendar. The joint statement filed under Local Rule 251 shall be limited to twenty 1 1 pages, with printing in twelve-point type. This page limit does not include exhibits. The joint 2 statement shall be filed no later than fourteen days prior to the date noticed for hearing on the 3 motion and a courtesy copy of the joint statement and accompanying exhibits shall be submitted 4 to the TEMP chambers. 5 DATED: May 31, 2011. 6 7 8 9 10 JMM atpac.ost 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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