Filed: Nov. 19, 2018
Latest Update: Nov. 19, 2018
Summary: ORDER CAROL MIRANDO , Magistrate Judge . This matter comes before the Court upon review of Plaintiff's Motion to Add Exhibit to His Motion (Doc. 18) filed on November 14, 2018 and Plaintiff's Motion to Explain the Delay Case Order and Track Two Notice (Doc. 20) filed on November 15, 2018. In the first motion, Plaintiff seeks to add an exhibit to his motion filed on November 13, 2018, and states he erred in initially failing to include the exhibit with the motion. Doc. 18; see Doc. 14. Th
Summary: ORDER CAROL MIRANDO , Magistrate Judge . This matter comes before the Court upon review of Plaintiff's Motion to Add Exhibit to His Motion (Doc. 18) filed on November 14, 2018 and Plaintiff's Motion to Explain the Delay Case Order and Track Two Notice (Doc. 20) filed on November 15, 2018. In the first motion, Plaintiff seeks to add an exhibit to his motion filed on November 13, 2018, and states he erred in initially failing to include the exhibit with the motion. Doc. 18; see Doc. 14. The..
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ORDER
CAROL MIRANDO, Magistrate Judge.
This matter comes before the Court upon review of Plaintiff's Motion to Add Exhibit to His Motion (Doc. 18) filed on November 14, 2018 and Plaintiff's Motion to Explain the Delay Case Order and Track Two Notice (Doc. 20) filed on November 15, 2018. In the first motion, Plaintiff seeks to add an exhibit to his motion filed on November 13, 2018, and states he erred in initially failing to include the exhibit with the motion. Doc. 18; see Doc. 14. The proposed exhibit is an Order entered in another case in this Court on September 7, 2018. See Doc. 18-1 at 1-2. Plaintiff did, however, include the exhibit with his original motion filed on November 13, 2018, thus no supplement to the motion is required. See Doc. 14 at 2-3.
The second motion requests that the Court explain why the Related Case Order and Track Two Notice was entered on the docket, but Plaintiff did not receive it in the mail until November 10, 2018. Doc. 20. Plaintiff attaches to the motion a letter from the United States Postal Service dated November 14, 2018 apologizing to Plaintiff for delivering a piece of mail late and an envelope with the Court's return address with the words, "was put in wrong box" written on it.1 See Doc. 20-1 at 3-4. Thus, it appears the Related Case Order and Track Two Notice arrived late due to a United States Postal Service error. Plaintiff's motion also attaches his completed Notice of Pendency of Other Actions and Certificate of Interested Persons, which were originally due on October 23, 2013. See Doc. 20-1 at 1-2; Docs. 5, 6. Due to the apparent mix-up at the Postal Service, to the extent Plaintiff's second motion requests it, the Court will excuse the late filing and deem Plaintiff's Notice of Pendency of Other Actions and Certificate of Interested Persons as timely filed.
ACCORDINGLY, it is
ORDERED:
1. Plaintiff's Motion to Add Exhibit to His Motion (Doc. 18) is DENIED as moot.
2. Plaintiff's Motion to Explain the Delay Case Order and Track Two Notice (Doc. 20) is GRANTED. Plaintiff's Motion is granted to the extent that Plaintiff's Notice of Pendency of Other Actions and Certificate of Interested Persons are deemed timely filed. The Clerk is directed to file Plaintiff's Notice of Pendency of Related Actions (Doc. 20-1 at 1) and Certificate of Interested Persons (Doc. 20-1 at 2) as separate docket entries.
DONE and ORDERED.
