United States of America v. Wanland

Filing 81

ORDER signed by Magistrate Judge Kendall J. Newman on 6/3/2016 ORDERING that Defendant's "motion for summary judgment, motion for judgment, and motion to dismiss complaint" 78 are DEEMED timely filed; the briefing deadlines outline d in the court's 12/24/2015 order remain unchanged and shall continue to apply; Defendant's request for oral argument concerning his motion is DENIED; If the court subsequently determines, upon submission of the motions, that oral argument is necessary, the parties will be notified. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:13-cv-2343-KJM-KJN PS

Plaintiff,
v.

ORDER

DONALD M. WANLAND, JR.,
Defendant.

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On May 19, 2016, the court issued an order requiring defendant to explain why his

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“motion for summary judgment, motion for judgment, and motion to dismiss complaint” were

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filed on May 17, 2016, almost two weeks after the applicable May 5, 2016 deadline for filing

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dispositive motions. (ECF No. 79.) In response to the court’s order, defendant filed a declaration

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which adequately demonstrates that the motion papers were delivered to Federal Express for

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overnight delivery on May 4, 2016; that the motion papers were received by the Clerk’s Office on

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May 5, 2016; but that, for reasons unknown, the motion papers were not filed by the Clerk’s

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Office until May 17, 2016. (ECF No. 80.)

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In light of defendant’s showing, IT IS HEREBY ORDERED that:

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1. Defendant’s “motion for summary judgment, motion for judgment, and motion to

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dismiss complaint” (ECF No. 78) are deemed timely filed.
2. The briefing deadlines outlined in the court’s December 24, 2015 order remain
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unchanged and shall continue to apply.
3. Defendant’s request for oral argument concerning his motion is DENIED. If the court

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subsequently determines, upon submission of the motions, that oral argument is

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necessary, the parties will be notified.

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IT IS SO ORDERED.
Dated: June 3, 2016

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