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E. J. GALLO WINERY, Plaintiff, v. ENCANA ENERGY SERVICES, INC., a Delaware corporation, formerly known as PANCANADIAN ENERGY SERVICES INC.; ENCANA CORPORATION, a Canadian corporation, formerly known as and successor to PANCANADIAN ENERGY CORPORATION, Defendants.

ORDER ON PLAINTIFF'S REQUEST TO SHORTEN TIME ON DEFENDANTS' REQUEST FOR RECONSIDERATION

ANTHONY ISHII, District Judge

On January 3, 2005, defendants Encana Energy Services, Inc., et al. ("Defendants") filed a request for reconsideration of an order filed by Magistrate Judge O'Neill on December 16, 2004, which concerned plaintiff EJ Gallo Winery's ("Plaintiff's") motion to compel discovery. Defendants requested an opportunity to reply to Plaintiff's opposition to the request for reconsideration and requested a hearing on the request for reconsideration which was calendered for February 7, 2005. On January 4, 2005, Plaintiff filed the instant application to shorten time on Defendants' request for reconsideration.

Procedures for requests for reconsideration of magistrate judge's orders are governed by Local Rule 72-303. Local Rule 72-303 provides that opposition to any request for reconsideration shall be filed and served within five (5) days after service of the request. Local Rule 72-303 further provides that in usual cases, no oral argument shall be allowed. There is no provision pursuant to Local Rule 72-303 for reply to an objection to a request for reconsideration.

The court has reviewed Defendants' request for reconsideration and finds that, notwithstanding Defendants averments that the request presents important issues of attorney client privilege, there are no novel issues warranting oral argument raised in the request for reconsideration. The hearing date of February 7, 2005 is therefore VACATED. Likewise any reply to Plaintiff's opposition to the request will not be considered.

Plaintiff may file and serve an opposition at any time before 4:00 p.m. Monday, January 10, 2005. As of Monday, January 10, 2005 the court will take Defendants' request for reconsideration under submission and will thereafter issue its order.

IT IS SO ORDERED.

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E. J. WINERY v. ENCANA ENERGY SERVICES, INC. (E.D.Cal. 2005)
(Jan 7, 2005)