IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 24, 2012
MOHAMMED E. LASHEEN, PLAINTIFF,
THE LOOMIS COMPANY, ET AL., DEFENDANTS.
ORDER AND RELATED CROSS CLAIM
Presently noticed for hearing on October 3, 2012 is plaintiff's motion for default judgment.*fn1 Dckt. No. 345. On September 19, 2012, the Egyptian defendants filed an ex parte request for a continuance of the October 3 hearing and an extension of time to respond to the motion for default judgment. Dckt. No. 353. The Egypt defendants contend that they need additional time to respond to the motion because the motion "contain[s] several hundred pages of exhibits and documents and will require significant time for review and response." Id. at 2. The Egyptian defendants also contend that they need additional time because defense counsel "has been involved in several other matters that were unanticipated," and because "[t]he Defendant is a country which is currently experiencing significant disruption in its operation as a result of a revolution and recent elections," and as a result, defense counsel "has been unable to coordinate with Defendants." Id. Defendants note that they attempted to obtain plaintiff's counsel's consent to the continuance and extension of time, "but did not receive a return call."*fn2 Id.
Although plaintiff filed objections to the ex parte request for a continuance and extension on September 20, 2012, Dckt. No. 354, in light of the Egyptian defendants' representations addressed above, their request for a continuance and an extension of time to file an opposition to the default judgment motion will be granted.
Accordingly, IT IS HEREBY ORDERED that:
1. The Egyptian defendants' request for a continuance and an extension of time, Dckt. No. 353, is granted.
2. The October 3, 2012 hearing on plaintiff's motion for default judgment, Dckt. No. 345, is continued to December 5, 2012 at 10:00 a.m. in Courtroom No. 24.
3. The Egyptian defendants shall file an opposition to the motion, or a statement of non-opposition thereto, no later than November 14, 2012.
4. Failure of the Egyptian defendants to file an opposition will be deemed a statement of non-opposition to the motion, and may result in a recommendation that the motion be granted.
5. Plaintiff may file a reply to the Egyptian defendants' opposition, if any, on or before November 21, 2012.