Novedades Y Servicios, Inc. v. Financial Crimes Enforcement Network

Summary

The United States District Court for the Southern District of California denied without prejudice Defendants’ ex parte motion to stay district court proceedings pending appeal. The court based its ruling on repeated violations of the court’s local ex parte-motion requirements and noted that the motion did not appear to present an unusually urgent circumstance.

Holdings

1. An ex parte motion to stay proceedings may be denied without prejudice when the movant fails to provide the affidavit or declaration required by Civil Local Rule 83.3(g)(2), particularly after repeated violations of that rule.
2. The circumstances described did not demonstrate the temporal urgency necessary to justify ex parte relief, and any renewed request should address the absence of an identified emergency and consider the ordinary noticed-motion procedure.

Questions Presented

1. Whether defendants' ex parte motion to stay district-court proceedings should be considered when it was not supported by the affidavit or declaration required by Civil Local Rule 83.3(g)(2).
2. Whether the circumstances presented an unusually urgent situation warranting ex parte relief.

Disposition

other