HARDEN v. MONNINGHOFF, 2:14-CV-00377-APG-PAL. (2015)
Court: District Court, D. Nevada
Number: infdco20150415c23
Visitors: 10
Filed: Apr. 14, 2015
Latest Update: Apr. 14, 2015
Summary: ORDER (Dkt. #43) ANDREW P. GORDON , District Judge . Plaintiff Harold Harden moves to "dismiss" the defendants' answer as untimely. Defendants acknowledge their answer was one day late, but they argue striking their answer is an unduly harsh remedy where the plaintiff has suffered no prejudice and any default should be set aside. I agree. See United States v. Signed Personal Check No. 730 of Yubran S. Mesle, 615 F.3d 1085 , 1091 (9th Cir. 2010). IT IS THEREFORE ORDERED that plaintiff Ha
Summary: ORDER (Dkt. #43) ANDREW P. GORDON , District Judge . Plaintiff Harold Harden moves to "dismiss" the defendants' answer as untimely. Defendants acknowledge their answer was one day late, but they argue striking their answer is an unduly harsh remedy where the plaintiff has suffered no prejudice and any default should be set aside. I agree. See United States v. Signed Personal Check No. 730 of Yubran S. Mesle, 615 F.3d 1085 , 1091 (9th Cir. 2010). IT IS THEREFORE ORDERED that plaintiff Har..
More
ORDER (Dkt. #43)
ANDREW P. GORDON, District Judge.
Plaintiff Harold Harden moves to "dismiss" the defendants' answer as untimely. Defendants acknowledge their answer was one day late, but they argue striking their answer is an unduly harsh remedy where the plaintiff has suffered no prejudice and any default should be set aside. I agree. See United States v. Signed Personal Check No. 730 of Yubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010).
IT IS THEREFORE ORDERED that plaintiff Harold Harden's motion to dismiss the defendants' answer (Dkt. #43) is DENIED.
Source: Leagle
