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Knoles v. Teva Pharmaceuticals USA, Inc., 17-cv-06580-BLF. (2019)

Court: District Court, N.D. California Number: infdco20190117723 Visitors: 5
Filed: Jan. 11, 2019
Latest Update: Jan. 11, 2019
Summary: ORDER DENYING MOTION TO STRIKE PLAINTIFF'S UNTIMELY OPPOSITION; AND VACATING HEARING ON MOTION TO STRIKE [Re: ECF 55] BETH LABSON FREEMAN , District Judge . Defendants' motion to strike Plaintiff's untimely opposition to Defendants' motion for judgment on the pleadings is DENIED, and the January 16, 2019 hearing on the motion to strike is VACATED. The Court accepts Plaintiff's representation that the late filing of the opposition, approximately two weeks after its due date, was due to a te
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ORDER DENYING MOTION TO STRIKE PLAINTIFF'S UNTIMELY OPPOSITION; AND VACATING HEARING ON MOTION TO STRIKE

[Re: ECF 55]

Defendants' motion to strike Plaintiff's untimely opposition to Defendants' motion for judgment on the pleadings is DENIED, and the January 16, 2019 hearing on the motion to strike is VACATED. The Court accepts Plaintiff's representation that the late filing of the opposition, approximately two weeks after its due date, was due to a technical problem. Defendants have not demonstrated prejudice from the late filing. Defendants' motion to strike contains substantive arguments addressing Plaintiff's late-filed opposition and it is accepted by the Court as Defendants' reply on their motion for judgment on the pleadings.

The January 16, 2019 hearing on Defendants' motion for judgment on the pleadings REMAINS on calendar.

IT IS SO ORDERED.

Source:  Leagle

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