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- cod;;1:16-cv-01691_de269 RegisterActionDate "2016-02-23" @default.
- cod;;1:16-cv-01691_de269 RegisterActionDescriptionText "ORDER: Before the Court is Plaintiffs' 266 Motion to Allow the Filing of Their Reply Supporting Their Motion for Summary Judgment, Out of Time ("Motion"). The Court may grant the Motion if it finds "excusable neglect." Fed. R. Civ. P. 6(b)(1)(B). The Court does not find excusable neglect for three reasons. First, Plaintiffs' counsel's explanation makes little sense. Counsel claims that the reply brief was printed and ready for filing on the due date but accidentally got clipped to the back of a separate document and then filed away. But Plaintiffs' reply brief should have been an electronic filing in PDF format through CM/ECF, not a paper filing. The fact that it was printed and therefore somehow ready for filing is a non sequitur. (This Court does not even require attorneys to keep a paper signature on file.) Second, all filings trigger a Notice of Electronic Filing (NEF) e-mail to all registered users associated with the case. Plaintiffs' counsel is a registered user associated with this case. The fact that he received no NEF for his own filing on the due date should have immediately alerted him that something went wrong. Third, six weeks have passed since the due date. The Court notes that Plaintiffs previously showed no willingness to cooperate with Defendants when Defendants filed a summary judgment response brief a mere two days after what Plaintiffs believed (erroneously) to be Defendants' deadline. (See ECF Nos. 253 , 254 .) For all of these reasons, Plaintiffs' Motion is DENIED. SO ORDERED by Judge William J. Martinez on 02/23/2016. Text Only Entry(wjmlc1, ) (Entered: 02/23/2016)" @default.
- cod;;1:16-cv-01691_de269 AdministrativeID "270" @default.
- cod;;1:16-cv-01691_de269 OntologyLabel order @default.
- cod;;1:16-cv-01691_de269 hasReferenceToOtherEntry cod;;1:16-cv-01691_de252 @default.
- cod;;1:16-cv-01691_de269 hasReferenceToOtherEntry cod;;1:16-cv-01691_de265 @default.