Westcott Enterprises, Inc. v. Federal Mutual Insurance Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WESTCOTT ENTERPRISES, INC. Case No.: 20cv7-LAB (BGS) V2 Plaintiff, ORDER RECHARACTERIZING 13 || V- MOTION FOR LEAVE TO FILE || FEDERATED MUTUAL OPPOSITION INSURANCE COMPANY, et al. Defendants. Plaintiff filed a noticed motion (Docket no. 18) for leave to file an opposition ||to Defendant Brian Faulstich’s motion to dismiss. Rather than treat this as a ||noticed motion, the Court will treat it as an ex parte request, and the hearing ||currently on calendar on this motion is VACATED. In light of the strong policy ||favoring decisions on the merits, see Eitel v. McCool, 782 F.2d 1470, 1472 (9" Cir. ||1986), the Court would be inclined to grant the request. But if Defendants believe request should be denied, they may file an opposition by April 24, 2020. IT IS SO ORDERED. ||Dated: April 20, 2020 …