International Franchise Association v. State of California ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 INTERNATIONAL FRANCHISE Case No. 20-cv-02243-BAS-DEB ASSOCIATION, et al., 12 ORDER GRANTING PLAINTIFFS’ Plaintiffs, 13 EX PARTE APPLICATION FOR v. LEAVE TO FILE NOTICE OF 14 SUPPLEMENTAL AUTHORITY STATE OF CALIFORNIA, et al., 15 (ECF No. 27) Defendants. 16 17 18 19 On October 13, 2021, Plaintiffs moved ex parte to file a notice of the following 20 supplemental authorities: Patel v. 7-Eleven, Inc., No. 20-1999, 2021 WL 3486175 (1st Cir. 21 Aug. 9, 2021) and Ranchers Cattlemen Action Legal Fund United Stockgrowers of Am. v. 22 Vilsack, 6 F.4th 983 (9th Cir. July 27, 2021). (ECF No. 27.) 23 Under Civil Local Rule 83.3(g)(2), a party moving ex parte is required to file an 24 affidavit or declaration showing that the party met and conferred with opposing counsel 25 about the intent to file an ex parte motion, made a good faith effort to do so, or should be 26 excused from the meet-and-confer obligation. Once an ex parte motion is filed, the 27 opposing party has two court days to notify the Court with the intent to oppose the motion. 28 Judge Bashant’s Standing Order for Civil Cases ¶ 6. “Ex parte applications that are not 1 || opposed within two Court days must be considered unopposed and may be granted on that 2 || ground.” Jd. 3 Here, counsel for Plaintiffs filed a declaration stating that on October 4, 2021, and 4 October 12, 2021, she met and conferred with counsel for Defendants about the intent 5 ||to file the present ex parte application. (ECF No. 27 at 3.) Plaintiffs filed the present 6 || application on October 13, 2021. More than two court days have passed, and Defendants 7 || have not notified the Court of their intent to oppose the motion. 8 As such, the Court GRANTS Plaintiffs’ ex parte application to file notice of 9 ||supplemental authorities as unopposed. (ECF No. 27.) 10 IT IS SO ORDERED. 11 / 12 || DATED: October 18, 2021 Cypilling Aioh tak 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _9.