Berg

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WESTHOFF Case No. 22-cv-0938-BAS-SBC

VERTRIESBGSGES MBH,

12 a German limited liability ORDER GRANTING PLAINTIFF’S company, MOTION FOR MISCELLANEOUS RELIEF (ECF No. 75) Plaintiff,

v. CHRISTOPHER BERG, an individual; BLUESKYE 17 CREATIVE, INC., a California corporation; and DOES 1–10, inclusive; 19 Defendants. 20 Before the Court is Plaintiff’s Motion for Miscellaneous Relief. (ECF No. 75.) Plaintiff filed this motion on November 10, 2023, after realizing it had late-filed its Objection to the Sanctions Order (ECF No. 74) due to incorrectly calendaring the deadline. Upon considering the Plaintiff’s ex parte application and the relevant four-factor test, the Court finds Plaintiff failed to timely act due to its counsel’s excusable neglect. See Fed. R. Civ. P. 6(b); Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1261 (9th Cir. 2010) (enumerating a four-factor equitable test for determining excusable neglect);…