Free Order on Ex Parte Application - District Court of California - California

Case 3:07-cv-04333-PJH

Document 11

Filed 11/19/2007

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 In re PROS RIVERA, 7 8 9 10 Debtor. __________________________________/ CHERIE IVEY, Plaintiff/Appellant, v. 12 13 PROS RIVERA, 14 15 16 The court has reviewed appellant's November 13, 2007 emergency ex parte 17 application and motion for an extension of time to file her opening brief in the above 18 bankruptcy appeal, which was due November 13, 2007. The court has also reviewed 19 appellant's subsequent November 15, 2007 "emergency declaration" of appellant's 20 counsel, which appears to be an amended request for an extension of time. 21 At the outset, the court notes that appellant's November 13, 2007 motion was 22 incorrectly labeled an "ex parte" motion, when it was in fact not ex parte because the 23 motion was indeed served on opposing counsel. Moreover, the court is aware that 24 appellant's counsel has attempted to contact members of chambers staff via email in his 25 efforts to obtain an extension of time and/or to obtain information on appellant's request for 26 an extension of time. Counsel's emails are neither appropriate nor authorized by the 27 local rules, and counsel is hereby advised that he may not email chambers staff in 28 the future. Defendant/Appellee. ____________________________________/ ORDER GRANTING APPELLANT'S REQUEST FOR EXTENSION OF TIME TO FILE OPENING BRIEF No. C 07-4333 PJH Bankr. Case No. 05-32090 TEC Adv. Case No. 05-3441

United States District Court

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For the Northern District of California

Case 3:07-cv-04333-PJH

Document 11

Filed 11/19/2007

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Counsel originally requested only a one-week extension of time in his November 13, 2007 request. However, in his November 15, 2007 declaration, he appears to have revised that request, and now seeks a three-week extension of time to file his opening brief due to illness. Good cause appearing, the court GRANTS the request for an extension of time. Appellant must file and serve her opening brief no later than Tuesday, December 4, 2007. Appellee's responsive brief is due no later than Thursday, December 27, 2007. Appellant's reply is due no later than Thursday, January 10, 2007. IT IS SO ORDERED.

Dated: November 19, 2007 ______________________________ PHYLLIS J. HAMILTON United States District Judge

United States District Court

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For the Northern District of California

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