Dalfio
Dalfio v. Elan Enterprise, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 VICTOR DALFIO, Case No.: 21-CV-0949 W (LL)
Plaintiff,
ORDER DENYING EX PARTE
v. APPLICATION FOR STAY AND
EARLY NEUTRAL EVALUATION
ELAN ENTERPRISE, LLC,
CONFERENCE [DOC. 10]
15 Defendant. 16 17 On October 1, 2021, Defendant Elan Enterprises, LLC, filed the pending ex parte application for a Stay and Early Neutral Evaluation Conference (“ENE”) under California Civil Code § 55.54 and California Code of Civil Procedure § 425.55. Plaintiff did not respond to the application. For the following reasons, the Court will deny the motion. First, procedurally, Defendant’s ex parte application fails to comply with this Court’s Chamber’s Rules and California Civil Code § 55.54. Both require a declaration in support of the application. See Chamber’s Rule 5.a.; Civ. Code § 55.54(c)(1). Defendant’s ex parte application does not include a declaration and for this reason alone the application is denied. Second, section…