Cockburn v. SMS Industries, Inc. dba McGill Inc. et al

Filing 60

ORDER Granting deft CreateForLess, LLC's 39 Motion for Leave to File Declaration by Judge Robert S. Lasnik.(TF)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 SUSAN TIERNEY COCKBURN, 10 11 12 13 Plaintiff, Case No. C10-1566RSL v. SWS INDUSTRIES, INC., et al., ORDER GRANTING MOTION FOR LEAVE TO FILE DECLARATION Defendants. 14 15 16 This matter comes before the Court on a motion filed by defendant CreateForLess, LLC 17 for leave to file the declaration of its president Dennis DeYoung. As set forth in the motion, 18 CreateForLess did not file the declaration with its motion to dismiss, filed on January 31, 2011, 19 because DeYoung was unavailable on that day due to a family emergency. Motion at p. 2. 20 Plaintiff has not opposed the motion, which the Court construes, pursuant to Local Rule 21 7, as a concession that the motion has merit. Moreover, CreateForLess has shown good cause 22 for the belated filing due to a family emergency. Because the declaration was filed eleven days 23 before plaintiff’s response to the motion to dismiss was due, she had ample time to respond to it. 24 Therefore, plaintiff was not prejudiced by the delayed filing. 25 26 Accordingly, the motion for leave to file the declaration (Dkt. #39) is GRANTED. The Court will consider the DeYoung declaration when considering CreateForLess’s motion to 27 28 ORDER GRANTING MOTION FOR LEAVE TO FILE DECLARATION - 1 1 dismiss. 2 3 DATED this 4th day of May, 2011. 4 5 A 6 Robert S. Lasnik United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING MOTION FOR LEAVE TO FILE DECLARATION - 2