Westcott Enterprises, Inc. v. Federal Mutual Insurance Company

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 11 WESTCOTT ENTERPRISES, INC. Case No.: 20cv7-LAB (BGS) V2 Plaintiff, | ORDER RECHARACTERIZING || V- MOTION FOR LEAVE TO FILE || 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 ||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 23 request should be denied, they may file an opposition by April 24, 2020.

24 IT IS SO ORDERED.

25 ||Dated: April 20, 2020 26 / it 4 □□ 27 Honorable Larry Alan Burns 28 Chief United States District Judge