Opinion
Case No. 2:08-cv-00369-PMP-GWF.
November 16, 2010
ORDER Motion for Extension (#250)
This matter is before the Court on Defendants' First Ex Parte Request for Extension of Time to Respond to Plaintiffs' Motion to Compel Discovery, For Costs and Sanctions and for Appointment of Special Master (#250), filed November 15, 2010.
Pursuant to Fed.R.Civ.P. 6(b) and LR 6, extensions of time may be granted for good cause shown. Defendants request a ten (10) day extension of time to respond to Plaintiffs' motion as defense counsel has recently been involved in intensive hearings and a trial. (#250). As the date for Defendants to respond to the motion to compel is November 15, 2010, Defendants asks that the Court consider the matter on an expedited basis. The Court finds good cause to grant Defendants' request. Accordingly, IT IS HEREBY ORDERED that Defendants' First Ex Parte Request for Extension of Time to Respond to Plaintiffs' Motion to Compel Discovery, For Costs and Sanctions and for Appointment of Special Master (#250) is granted. Defendants will have until November 26, 2010 to file a response to Plaintiffs' motion.
Defendants appear to have titled the present motion " ex parte" in an attempt to have the matter heard on an emergency or expedited basis. However, the latin phrase " ex parte" does not refer to the speed in which the Court considers a motion. Ex parte is a term that refers to a legal communication that is undertaken "without notice to or argument from the adverse party". BLACK'S LAW DICTIONARY (8th ed. 2004). The Certificate of Service attached to the present motion states that the motion was served on Plaintiffs. (#250 at 4). As a result, the motion is not ex parte.
DATED this 16th day of November, 2010.