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Flores v. Jewels Marketing and Agribusiness

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


March 11, 2010

JOE FLORES, AND M&G FARMS, INC., PLAINTIFFS,
v.
JEWELS MARKETING AND AGRIBUSINESS, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER ALLOWING LATE BRIEFING AND RESPONSE

Currently pending before the Court is M&G's motion for enforcement of settlement and motion for attorney's fees and costs, as well as Defendants' request for interpleader. The Court took the motions under submission on March 9, 2010. The Court had ordered additional briefing to be filed on March 2, 2010, and March 8, 2010. Only Plaintiffs filed additional briefing on March 8. No party filed anything on March 2, 2010. On March 10, 2010, Defendants filed late briefing. Defendants assumed that the additional briefing was moot because they had sent a check for $41,000 to M&G, as required by the settlement agreement.*fn1 Defendants state that on March 9, 2010, they received a demand from M&G's counsel for $5,000 for attorney's fees and costs. Defendants have rejected that offer.

The Court will allow the late filed briefing and will give Plaintiffs a chance to respond However, the Court warns the parties that from this point forward, any late filings will be automatically struck for violating Court orders.

Accordingly, IT IS HEREBY ORDERED that the Plaintiffs may file a response to Defendants' late filed opposition on or by 1:00 p.m. on March 19, 2010.*fn2

IT IS SO ORDERED.


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