TRUSTEES OF NORTHERN NEVADA OPERATING ENGINEERS HEALTH & WELFARE TRUST FUND v. MACH 4 CONSTRUCTION, 3:08-CV-0578-LRH-WGC (2012)
Court: District Court, D. Nevada
Number: infdco20120423806
Visitors: 6
Filed: Apr. 20, 2012
Latest Update: Apr. 20, 2012
Summary: ORDER LARRY R. HICKS, District Judge. Before the court is defendants' motion to strike plaintiffs' post-trial reply brief (Doc. #154). Doc. #155. 1 Pursuant to Fed. R. Civ. P. 12(f), a court may strike any pleading for redundant, immaterial, impertinent, or scandalous material. Here, defendants contend that the court should strike plaintiffs' reply brief because it was filed 4 minutes past the filing deadline. See Doc. #154. The court finds that plaintiffs' late filing was due to excusa
Summary: ORDER LARRY R. HICKS, District Judge. Before the court is defendants' motion to strike plaintiffs' post-trial reply brief (Doc. #154). Doc. #155. 1 Pursuant to Fed. R. Civ. P. 12(f), a court may strike any pleading for redundant, immaterial, impertinent, or scandalous material. Here, defendants contend that the court should strike plaintiffs' reply brief because it was filed 4 minutes past the filing deadline. See Doc. #154. The court finds that plaintiffs' late filing was due to excusab..
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ORDER
LARRY R. HICKS, District Judge.
Before the court is defendants' motion to strike plaintiffs' post-trial reply brief (Doc. #154). Doc. #155.1
Pursuant to Fed. R. Civ. P. 12(f), a court may strike any pleading for redundant, immaterial, impertinent, or scandalous material. Here, defendants contend that the court should strike plaintiffs' reply brief because it was filed 4 ½ minutes past the filing deadline. See Doc. #154.
The court finds that plaintiffs' late filing was due to excusable neglect. Further, defendants have failed to show that they were prejudiced by a 4 ½ minute delay in the filing of the reply brief. Therefore, the court shall deny the motion to strike.
IT IS THEREFORE ORDERED that defendants' motion to strike (Doc. #155) is DENIED.
IT IS SO ORDERED.
FootNotes
1. Refers to the court's docket number.
Source: Leagle
