Opinion
No. C-07-06266 RMW.
March 18, 2008
ORDER GRANTING EX PARTE MOTION TO FILE REPLY OUT OF TIME [Re Docket No. 10]
By their ex parte application filed March 12, 2008, defendants seek the court's leave to file a reply brief in support of their motion to dismiss three days late. Although plaintiff e-filed his opposition to defendants' motion to dismiss on February 29, 2008, defendants' counsel was not provided with an electronic notice. On March 11, 2008, plaintiff's counsel advised that an opposition had been filed. Defendants' counsel tried to access the file but received an error message. Plaintiff's counsel emailed a copy of the opposition on March 12, 2008 and defendants filed their reply the same day. The court finds good cause to grant defendants' request and permits them to file their reply three days late.