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Jason G. Heller v. Cepia L.L.C.

UNITED STATES DISTRICT COURT Northern District of California


December 13, 2011

JASON G. HELLER,
PLAINTIFF,
v.
CEPIA L.L.C., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER RE: PLAINTIFF'S OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION

Re: Docket No. 75

On December 12, 2011, Plaintiff Jason G. Heller filed an Opposition to Defendant Cepia,

Defendant' motion for leave to file a motion for a protective order and required the parties to meet

L.L.C.'s Ex Parte Motion for Leave to Submit Ex Parte Declarations. Dkt. No. 75. In his opposition, 15 Plaintiff argues that Defendant failed to comply with the Court's December 5 Order, which denied

and confer in person and thereafter file a joint letter in accordance with the undersigned's discovery

standing order. Dkt. No. 70. However, in its Order, the Court ordered that if either party wished to 19 submit an expert declaration and the other party objects, the requesting party shall file an ex parte

request. Id. Accordingly, Plaintiff's argument is without merit. Plaintiff's request for sanctions is 21 denied on that ground as well. Plaintiff's request for sanctions is also denied because he failed to 22 comply with the undersigned's discovery standing order in that his request for sanctions did not come 23 in the form of a separate motion.

IT IS SO ORDERED.

20111213

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