Westcott Enterprises, Inc. v. Federal Mutual Insurance Company

Opinion

1 2 3 4 5 6 7 10 11 WESTCOTT ENTERPRISES, INC. Case No.: 20cv7-LAB (BGS) V2 Plaintiff, | ORDER RECHARACTERIZING 13 V- MOTION FOR LEAVE TO FILE 14 FEDERATED MUTUAL OPPOSITION 45 INSURANCE COMPANY, et al. 16 Defendants. 17 Plaintiff filed a noticed motion (Docket no. 18) for leave to file an opposition 18 to Defendant Brian Faulstich’s motion to dismiss. Rather than treat this as a 19 noticed motion, the Court will treat it as an ex parte request, and the hearing 20 currently on calendar on this motion is VACATED. In light of the strong policy 21 favoring decisions on the merits, see Eitel v. McCool, 782 F.2d 1470, 1472 (9" Cir. 22 1986), the Court would be inclined to grant the request. But if Defendants believe 23 request should be denied, they may file an opposition by April 24, 2020. 25 Dated: April 20, 2020 26 / it 4 □□ 27 Honorable Larry Alan Burns 28 Chief United States District Judge