Case Information
*1 Case 3:03-cv-03125-MMC Document 314 Filed 05/24/06 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA EXCEL INNOVATIONS, INC., No. C-03-3125 MMC Plaintiff, ORDER DENYING DEFENDANTS’ OBJECTIONS AND REQUEST FOR v. STATUS CONFERENCE INDIVOS CORPORATION, et al., (Docket No. 309) Defendants. /
Before the Court is defendants’ Objection to Plaintiff’s Motion for Leave to File Motion for Reconsideration (“Objection”), filed May 23, 2006. The Local Rules of this District do not provide for the filing of objections to a motion for leave to file a motion for reconsideration “[u]nless otherwise ordered by the assigned Judge.” See Civil L.R. 7-9(d). No such order was issued and, in any event, prior to the Court’s receipt of the Objection, the Court filed an order granting the requested leave. [1]
23 Included in the Objection is a request for a status conference for the purpose of 24 setting a briefing schedule and hearing on defendants’ motion for terminating sanctions, in 25 light of a recent ruling by the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) holding said 26 motion “is not subject to the automatic stay.” (See Defendants’ Objection to Plaintiff’s 27 28
*2 Case 3:03-cv-03125-MMC Document 314 Filed 05/24/06 Page 2 of 2 Motion for Leave to File Motion For Reconsideration; Request for Status Conference, Attachment C at 7.) Once the BAP’s order becomes final, however, see Fed. R. App. Proc. 4(a), 6(b)(1), defendants may renotice their motion without obtaining specific leave from this Court.
Accordingly, defendants’ Objection is denied without prejudice and their request for a status conference is DENIED as moot.
IT IS SO ORDERED. Dated: May 24, 2006 MAXINE M. CHESNEY United States District Judge 2
[1] Defendants may, of course, set forth their objections to reconsideration in defendants’ opposition to plaintiff’s motion for reconsideration.