Hernandez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILMER HERNANDEZ, No. 2:23-cv-02671-DJC-AC 12 Plaintiff, 13 v. ORDER

ADIDAS AMERICA INC.,

15 Defendant. 16 17 On May 22, 2024, Plaintiff filed an ex parte application for leave to file a Second Amended Complaint. (Ex Parte Application (ECF No. 25).) This request is presently before the Court. Ex parte applications are generally only granted in rare circumstances as such requests do not afford opposing counsel the usual notice and opportunity to be heard in addition to permitting movants to take priority over other litigants that are following the established filing procedures and timelines. Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995). On an ex parte application, the moving party must show that they will suffer irreparable prejudice if the motion is not heard under the regular noticed motion procedures and that they 28 are “without fault in creating the crisis that requires ex parte relief, or that the…