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VITALE & ASSOCIATES, LLC v. LOWDEN, 2:12-cv-1400-JAD-VCF. (2014)

Court: District Court, D. Nevada Number: infdco20140502n97 Visitors: 5
Filed: May 01, 2014
Latest Update: May 01, 2014
Summary: ORDER CAM FERENBACH, Magistrate Judge. Before the court is Defendant Sue Lowden's motion to strike (#66) Plaintiff Vitale & Associates' response to Lowden's motion for attorney's fees. Lowden moves to strike Vitale's response because it is untimely under Local Rule 7-2(b), which provides that responses must be filed fourteen days after service of the motion. Lowden filed her motion for attorney's fees on February 9, 2014. ( See Doc. 51). Vitale did not file a response until March 28, 2014.
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ORDER

CAM FERENBACH, Magistrate Judge.

Before the court is Defendant Sue Lowden's motion to strike (#66) Plaintiff Vitale & Associates' response to Lowden's motion for attorney's fees. Lowden moves to strike Vitale's response because it is untimely under Local Rule 7-2(b), which provides that responses must be filed fourteen days after service of the motion.

Lowden filed her motion for attorney's fees on February 9, 2014. (See Doc. 51). Vitale did not file a response until March 28, 2014. (See Doc. #63). This is untimely under Local Rule 7-2(b). However, on April 3, 2014, at 11:15 a.m., the court granted Vitale's motion to extend time to respond. (See Doc. #65); see also LR IA 2-1 (permitting the court to dispense with the local rules by motion). Under this order, Vitale's response was due by March 28, 2014. (Id.)

At 11:36, a.m., approximately twenty minutes later after the court granted Vitale's motion to extend time, Sue Lowden filed the instant motion to strike (#66). Despite the close proximity in time between the court's order and Lowden's motion to strike, Lowden's motion to strike must be denied because the court dispensed with Local Rule 7-2(d)'s time requirements minutes before Lowden's motion was filed. Additionally, Vitale ultimately complied with the court's order because it filed a response by March 28, 2014.

ACCORDINGLY, and for good cause shown,

IT IS ORDERED that Defendant Sue Lowden's motion to strike (#66) is DENIED.

IT IS SO ORDERED.

Source:  Leagle

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