Opinion
20-cv-02137-JLS-NLS
11-01-2021
G&G CLOSED CIRCUIT EVENTS, LLC, Plaintiff, v. CALIFORNIA CENTER FOR THE ARTS, ESCONDIDO, FOUNDATION, Defendant.
ORDER GRANTING EX PARTE MOTION FOR LEAVE TO LODGE DVD RECORDINGS [ECF NO. 30]
Hon. Janis L. Sammartino, United States District Judge.
Presently before the Court is Defendant's Ex Parte Application for an Order Permitting Lodging of DVD Recordings in Support of Its Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment (ECF No. 30). In its ex parte motion, Defendant seeks leave to lodge a DVD with two videos that “provide an accurate view of the locations described both in other evidence and supporting documentation to be submitted with Defendant's” anticipated motion for summary judgment. (Id. at 2.) Plaintiff did not file an opposition.
The Court notes that Defendant's ex parte motion is not in compliance with Civil Local Rule 83.3(g)(2), which provides:
The Southern District of California permits the non-electronic filing of exhibits when they are not convertible to electronic form, provided the Court grants leave. Elec. Case Filing Admin. Pol'ys & Procs. Manual § 2(k). Having read and considered Defendant's ex parte motion, and good cause appearing, the Court GRANTS the motion. Accordingly, simultaneously with the filing of its anticipated motion for summary judgment, Defendant shall lodge the DVD with the Clerk's Office and file a Notice of Lodgment. Defendant shall also deliver a courtesy copy of the DVD to chambers. The DVD shall contain only the video evidence described in Defendant's ex parte motion (ECF No. 30 at 2).
IT IS SO ORDERED.
A motion for an order must not be made ex parte unless it appears by affidavit or declaration (1) that within a reasonable time before the motion the party informed the opposing party or the opposing party's attorney when and where the motion would be made; or (2) that the party in good faith attempted to inform the opposing party and the opposing party's attorney but was unable to do so, specifying the efforts made to inform them; or (3) that for reasons specified the party should not be required to inform the opposing party or the opposing party's attorney.The Court cautions Defendant against further failure to comply with the Court's Local Rules.