Helena Chemical Company v. Holthaus, 17-2642-CM. (2018)
Court: District Court, D. Kansas
Number: infdco20180508a52
Visitors: 6
Filed: May 07, 2018
Latest Update: May 07, 2018
Summary: ORDER K. GARY SEBELIUS , Magistrate Judge . This matter comes before the court upon defendant Derik S. Holthaus' Motion to File Counterclaim (ECF No. 30). For the following reasons, this motion is granted. Defendant filed this motion on April 19, 2018. Plaintiff has failed to file a timely response. Local Rule 7.4(b) provides that "[a]bsent a showing of excusable neglect, a party or attorney who fails to file a responsive brief or memorandum within the time specified . . . waives the righ
Summary: ORDER K. GARY SEBELIUS , Magistrate Judge . This matter comes before the court upon defendant Derik S. Holthaus' Motion to File Counterclaim (ECF No. 30). For the following reasons, this motion is granted. Defendant filed this motion on April 19, 2018. Plaintiff has failed to file a timely response. Local Rule 7.4(b) provides that "[a]bsent a showing of excusable neglect, a party or attorney who fails to file a responsive brief or memorandum within the time specified . . . waives the right..
More
ORDER
K. GARY SEBELIUS, Magistrate Judge.
This matter comes before the court upon defendant Derik S. Holthaus' Motion to File Counterclaim (ECF No. 30). For the following reasons, this motion is granted.
Defendant filed this motion on April 19, 2018. Plaintiff has failed to file a timely response. Local Rule 7.4(b) provides that "[a]bsent a showing of excusable neglect, a party or attorney who fails to file a responsive brief or memorandum within the time specified . . . waives the right to later file such brief or memorandum."1 The Local Rule also states that if a party fails to timely file a responsive brief, the court considers and decides the motion as uncontested, and will usually grant the motion without further notice.2 Accordingly, the court grants defendant's motion.
IT IS THEREFORE ORDERED that defendant Derik S. Holthaus' Motion to File Counterclaim (ECF No. 30) is hereby granted. Defendant shall file his counterclaim by May 17, 2018.
IT IS SO ORDERED.
FootNotes
1. D. Kan. Rule 7.4(b).
2. Id.
Source: Leagle
