Charman v. Avenue 81 Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
Plaintiff Thane Charman filed two motions: one for leave to electronically file documents and one unopposed motion to modify the briefing schedule for the defendant's pending motion to dismiss. The court granted both motions, setting new deadlines for the opposition and reply briefs and a hearing date for the motion to dismiss.
| What the court decided | The model |
|---|---|
Granting Plaintiff's motion for leave to electronically file documents“The Court therefore GRANTS Charman’s motion for leave to do so.” | agree with court The court found that the plaintiff sufficiently stated he had the necessary equipment and software capabilities to file electronically. This is a standard administrative determination based on the plaintiff's attestation. |
Granting Plaintiff's unopposed motion to modify briefing schedule“Having reviewed the submission and good cause having been found, the Court: 1. ORDERS Charman to file an opposition... by no later than February 27, 2023; 2. ORDERS Avenue 81 Inc. to reply... by no later than March 13, 2023; and 3. SETS Avenue 81 Inc.’s Motion for hearing on March 20, 2023.” | agree with court The motion was unopposed, and the parties had agreed to the extensions. The court found good cause, which is the typical standard for scheduling modifications. |
The order itself: sound — The order is a routine procedural ruling. It correctly applies the standard for granting leave to e-file based on the plaintiff's attestation of capability. It also correctly grants an unopposed motion to modify the schedule based on the parties' agreement and a finding of good cause. The reasoning is sufficient for the type of motion presented.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 THANE CHARMAN, Case No. 22-cv-1682-BAS-AGS 12 Plaintiff, ORDER: 13 v. (1) GRANTING PLAINTIFF LEAVE 14 DRIP GLOBAL, INC. f/k/a AVENUE 81 TO ELECTRONICALLY FILE INC., a Delaware corporation, 15 DOCUMENTS (ECF No. 14); and Defendant. 16 (2) GRANTING PLAINTIFF’S 17 UNOPPOSED MOTION TO MODIFY BRIEFING 18 SCHEDULE (ECF No. 15) 19 22 Before the Court are two motions filed by Plaintiff Thane Charman. (ECF Nos. 14, 23 15.) First, Charman moves ex parte for permission to use the CM/ECF filing system in 24 accordance with ECF Administrative Policies and Procedures. (ECF No. 14.) Charman 25 has sufficiently stated he has access to the necessary equipment and software capabilities to 26 electronically file documents. The Court therefore GRANTS Charman’s motion for leave 27 to do so. Cf. In re Cisse, No. 20-cv-1694-BAS-WVG, 2020 WL 6561426, at *1 (S.D. Cal. 28 1 || Nov. 9, 2020). Charman must register as a user with the Clerk’s Office and as a subscribe 2 ||to PACER within seven days of this Order. 3 Second, Charman attests that after meeting and conferring with Defendant Avenu 4 ||81 Inc., the parties have agreed upon mutual extensions of time with respect to the briefin; 5 ||schedule that governs Avenue 81 Inc.’s pending motion to dismiss (Mot. to Dismiss, EC] 6 || No. 13). (Unopposed Mot., ECF No. 15.) Accordingly, Charman moves unopposed t 7 extend his deadline to reply to Avenue 81 Inc.’s Motion until February 27, 2023, and t 8 |}extend Avenue 81 Inc.’s deadline to reply until March 13, 2023. (Unopposed Mot. □ 2- 9 ||3.) Having reviewed the submission and good cause having been found, the Court: 10 1. ORDERS Charman to file an opposition to Avenue 81 Inc.’s Motion, 1 or request an extension of time to do so, by no later than February 27, 2023; 12 B 2. ORDERS Avenue 81 Inc. to reply, or request an extension of time to do so, by no later than March 13, 2023; and 14 15 3. SETS Avenue 81 Inc.’s Motion for hearing on March 20, 2023.' 16 IT IS SO ORDERED. / 17 || DATED: February 22, 2023 ( itl 4 (isha. 6 How. Cynthia Bashant 18 United States District Judge 19 20 21 22 23 24 25 26 27 ' The hearing date is solely for purposes of setting the briefing schedule. See Judge Bashant’ 28 Standing Order for Civil Cases, § 4B. The parties need not appear in court on that date for oral argumen unless otherwise informed by the Court. /d. § 4C.