Thompson Automotive Labs, LLC v. Illinois Tool Works, Inc., 5:15-CV-282-FL. (2017)
Court: District Court, E.D. North Carolina
Number: infdco20171129c34
Visitors: 29
Filed: Nov. 28, 2017
Latest Update: Nov. 28, 2017
Summary: ORDER JAMES E. GATES , Magistrate Judge . This case comes before the court on the motion (D.E. 123) filed by defendant/counter-plaintiff Illinois Tool Works Inc. ("defendant") to strike as untimely the response (D.E. 121) filed by plaintiff/counter-defendant Thompson Automotive Labs, Inc. ("plaintiff") in opposition to defendant's expedited motion (D.E. 115) for leave to take additional depositions. The response in question was filed approximately nine hours after it was due. See 14 Nov.
Summary: ORDER JAMES E. GATES , Magistrate Judge . This case comes before the court on the motion (D.E. 123) filed by defendant/counter-plaintiff Illinois Tool Works Inc. ("defendant") to strike as untimely the response (D.E. 121) filed by plaintiff/counter-defendant Thompson Automotive Labs, Inc. ("plaintiff") in opposition to defendant's expedited motion (D.E. 115) for leave to take additional depositions. The response in question was filed approximately nine hours after it was due. See 14 Nov. 2..
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ORDER
JAMES E. GATES, Magistrate Judge.
This case comes before the court on the motion (D.E. 123) filed by defendant/counter-plaintiff Illinois Tool Works Inc. ("defendant") to strike as untimely the response (D.E. 121) filed by plaintiff/counter-defendant Thompson Automotive Labs, Inc. ("plaintiff") in opposition to defendant's expedited motion (D.E. 115) for leave to take additional depositions. The response in question was filed approximately nine hours after it was due. See 14 Nov. 2017 Text Order; 18 Nov. 2017 Notice of Elec. Filing. Plaintiff opposes the motion to strike (D.E. 131) and has filed separately a motion (D.E. 132) for leave to file the disputed response (D.E. 121) out of time. There being no prejudice to any party by the court's consideration of the untimely filing and excusable neglect by plaintiff having been shown, defendant's motion to strike is DENIED. Plaintiff's motion for leave to file the response out of time is DENIED as moot.
SO ORDERED.
Source: Leagle
