Filed: Jan. 13, 2016
Latest Update: Jan. 13, 2016
Summary: ORDER C.W. HOFFMAN, Jr. , Magistrate Judge . Presently before the court is the attached email from Defendants' counsel, which the court construes as a motion for clarification of the court's order (ECF No. 30) dated December 23, 2015. In its order, the court stated that Defendant Kotzker must answer or otherwise respond to the Government's Complaint on or before January 18, 2016. ( Id. at 7.) In his email, counsel seeks to clarify whether the court intended that the responsive pleading be
Summary: ORDER C.W. HOFFMAN, Jr. , Magistrate Judge . Presently before the court is the attached email from Defendants' counsel, which the court construes as a motion for clarification of the court's order (ECF No. 30) dated December 23, 2015. In its order, the court stated that Defendant Kotzker must answer or otherwise respond to the Government's Complaint on or before January 18, 2016. ( Id. at 7.) In his email, counsel seeks to clarify whether the court intended that the responsive pleading be ..
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ORDER
C.W. HOFFMAN, Jr., Magistrate Judge.
Presently before the court is the attached email from Defendants' counsel, which the court construes as a motion for clarification of the court's order (ECF No. 30) dated December 23, 2015. In its order, the court stated that Defendant Kotzker must answer or otherwise respond to the Government's Complaint on or before January 18, 2016. (Id. at 7.) In his email, counsel seeks to clarify whether the court intended that the responsive pleading be due on January 18, 2016, which is a federal holiday, or the day after the federal holiday. Given that January 18, 2016 is a federal holiday, the responsive pleading will be due on January 19, 2016, as required by Federal Rule of Civil Procedure 6(a)(1)(C) and 6(a)(6)(A).
IT IS THEREFORE ORDERED Defendant Kotzker must answer or otherwise respond to the Government's Complaint (ECF No. 1) on or before January 19, 2016.
IT IS FURTHER ORDERED that except as otherwise required by the court's local rules, all future case-related communications with the court must be styled as a motion, stipulation, or notice, and must be filed in the court's docket.
Dear Lindsay,
Magistrate Judge Hoffman's Order filed on December 23, 2015 (Doc. No. 30) denying Kotzker's Motion to Stay states, in pertinent part, on Page 7, "IT IS THEREFORE ORDERED that Defendant Kotzker must answer or otherwise respond to the Government's Complaint (ECF No. 1) on or before January 18, 2016."
January 18, 2016 is Martin Luther King, Jr. Day, which is a legal holiday according to FRCP 6(a)(6)(A). In addition, FRCP 6(a)(1)(C) states, in pertinent part, ". . . if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
I am writing to determine if it was Magistrate Judge Hoffman's intention that the responsive pleading be due on the day after the legal holiday of January 18, 2016, or January 19, 2016. Your assistance in this matter is most appreciated.
Respectfully submitted,
