IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 29, 2011
FIRST NORTHERN BANK OF DIXON, A CALIFORNIA BANKING CORPORATION, PLAINTIFF,
DAVID HATANAKA; CANDICE HATANAKA, DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Presently before the court is plaintiff's ex parte application for an order shortening time in this removed unlawful detainer action, which seeks a hearing date earlier than December 22, 2011, in regards to plaintiff's motion to remand. (Dkt. Nos. 9-10.)*fn1
According to counsel for plaintiff First Northern Bank of Dixon ("plaintiff"), defendants David and Candice Hatanaka ("defendants") verbally agreed to have plaintiff's motion to remand heard on shortened time, but never returned a signed stipulation to that effect. (Declaration of John McCardle ("McCardle Decl."), Dkt No. 9-2 at 2-3.)
Upon review of plaintiff's ex parte application, pursuant to Eastern District Local Rule 144(e) and for good cause shown, IT IS HEREBY ORDERED that:
1. Plaintiff's ex parte application for an order shortening time (Dkt. No. 9), is granted.
2. The undersigned shall hear plaintiff's motion to remand on December 15, 2011, at 10:00 a.m., in Courtroom 25.
3. Defendants' opposition to plaintiff's motion to remand (Dkt. No. 10), if any, shall be filed on or before December 8, 2011 (seven days before the hearing). Plaintiff's reply briefing, if any, shall be filed on or before December 12, 2011.
4. While the undersigned will not be inclined to move the hearing date for plaintiff's motion to remand (Dkt. No. 10), which is now set for December 15, 2011, however, upon defendants' written request, the undersigned may permit defendants' opposition to that motion to be filed fewer than seven days before that hearing date. Should defendants require additional time to prepare a written opposition to plaintiff's motion to remand (Dkt. No. 10), defendants must file a brief written request explaining the need for additional time.*fn2
IT IS SO ORDERED.