Robusky v. Alabama Department of Forensic Science

Filing 62

ORDER directing as follows: (1) The motion to strike (doc. no. 60 ) is denied; (2) The motion for leave to file one day out of time (doc. no. 61 ) is granted; as further set out. Signed by Honorable Judge Myron H. Thompson on 1/23/14. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

RONALD ROBUSKY, et al.,

)
)
)
)
)
)
)
)
)
)

Plaintiffs,
v.
ALABAMA DEPARTMENT OF
FORENSIC SCIENCE,
Defendant.

CIVIL ACTION NO.
2:11cv864-MHT
(WO)

ORDER
It is ORDERED as follows:
(1) The motion to strike (doc. no. 60) is denied.
(2) The motion for leave to file one day out of time
(doc. no. 61) is granted.
***
The court, upon plaintiffs’ request, set the date for
filing their response to defendant’s dispositive motions
as January 20, a federal holiday in honor of Rev. Dr.
Martin Luther King.

Because this court is closed on

federal holidays and out of respect to the persons and
groups

in

whose

honor

many

of

these

holidays

are

established, the court typically does not require parties
to

file

documents

emergency.

Had

on

the

federal
court

holidays

realized

except

that

in

an

plaintiffs’

requested filing date was a federal holiday, the court
would have had plaintiffs file their response on the next
appropriate day after the holiday.

The court erred in

requiring plaintiffs to file their response on January 20,
a federal holiday.
DONE, this the 23rd day of January, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE