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Feezor v. KSM Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 20, 2009

LARY FEEZOR, PLAINTIFF,
v.
KSM CORP. DBA KETTLEMAN CHEVRON; ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Presently before the Court is Defendants' Ex Parte Application for Leave to File Answer to Complaint Instanter. Defendants argue that excusable neglect justifies an order granting their application. However, to date, Defendants have failed to explain the contours of that neglect. Specifically, in their Second Stipulation filed January 14, 2009, the parties provided no cause justifying their request to extend time. Similarly, in Defendants' instant Application, Defendants state only that they "believed" they had filed an Amended Second Stipulation on January 16, but they do not elaborate on the grounds for that belief.

Moreover, in the interim between this Court's January 16 denial of the parties' actual Second Stipulation and Defendants' current Application, Defendants filed no additional explanation as to why no prior action was taken, nor did Defendants make any effort to inform the Court as to the reasons for their failure to timely file. Accordingly, there is again no information before the Court on which to base a finding of excusable neglect, and Defendants' Application is DENIED without prejudice.

IT IS SO ORDERED.

20090220

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