Nunes v. Stephens ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 ANGELINA NUNES, et al., Case No. 1:19-cv-00204-DAD-SAB 11 Plaintiffs, ORDER PERMITTING DEFENDANTS TO 12 FILE OPPOSITION TO PLAINTIFFS’ EX v. PARTE REQUEST FOR SUPPLEMENTAL 13 BRIEFING CARRIE STEPHENS, et al., 14 (ECF No. 81) Defendants. 15 DEADLINE: MAY 19, 2022 16 17 18 Plaintiffs filed an ex parte petition for minor’s compromise in this action on March 21, 19 2022. (ECF No. 78.) The matter is currently set for hearing on June 1, 2022. (ECF No. 80.) On 20 May 11, 2022, Plaintiffs filed an ex parte request to submit supplemental briefing on their 21 petition for minor’s compromise. (ECF No. 81.) While Plaintiffs do not set forth facts 22 establishing entitlement to ex parte relief, see Erichsen v. Cnty. of Orange, 677 F. App’x 379, 23 380 (9th Cir. 2017); Mission Power Eng’g Co. v. Continental Cas. Co., 883 F. Supp. 488, 492 24 (C.D. Cal. 1995), nor do they indicate whether Defendants oppose their request, Plaintiffs do 25 submit that Defendants have no standing to object to a petition for minor’s compromise. (ECF 26 No. 81 at 2.) The Court shall therefore permit Defendants an opportunity to respond to the ex 27 parte request for supplemental briefing. If Defendants wish to respond to Plaintiffs’ proffer of their inability to file any opposition or substantively oppose the submission of supplemental 1 | briefing at this time, they may file such response by May 19, 2022. If no response is filed by that 2 | time, the Court will accept the supplemental briefing attached to Plaintiffs’ ex parte request with 3 | no further orders to issue prior to the hearing on the petition. 4 Accordingly, IT IS HEREBY ORDERED that Defendants may file an opposition to 5 | Plaintiffs ex parte request for supplemental briefing, no later than May 19, 2022. If Defendants 6 | file an opposition to the ex parte motion, Plaintiffs may file a reply no later than May 26, 2022. 7 8 IT IS SO ORDERED. OF a Se 9 | Dated: _May 12, 2022 _ ef 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28