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Canandaigua Wine Co., Inc. v. Moldauer

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 8, 2009

CANANDAIGUA WINE CO., INC., PLAINTIFF,
v.
EDWIN MOLDAUER, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DISREGARDING DEFENDANT MOLDAUER'S JANUARY 3, 2009 FAXES TO THE COURT

The Court received a fax addressed "To the Honory [sic] Judge Wanger, Oliver W. Federal court, California, USA" dated January 3, 2009, entitled "Response to Mr. Weisberg application to withdraw," and a second fax addressed "To the Honory [sic] Judge Wanger, Oliver W. Fresno Federal court, California, USA" dated January 3, 2009, entitled "Ex-parte application to have email system re-enabled by 'mail.com.'" Both faxes were sent to the Court by Defendant Edwin Moldauer.

The Court disregards the fax transmissions. Neither is on proper pleading paper, neither has a proof of service showing service on Defendant's counsel, Mr. Weisberg, and on Plaintiff, and neither was properly filed with the Court for docketing on the official docket. Any motion, application or request for relief by the Court and any opposition or response to a matter pending before the Court must be filed in the case and served on the opposing party with accompanying proof of service pursuant to the Federal Rules of Civil Procedure and the Local Rules of Practice of the Eastern District of California. The Court cannot engage in ex parte practice.

IT IS SO ORDERED.

20090108

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