Mahar v. BNSF Railway Corp.

Filing 28

ORDER by Judge Charles R. Breyer denying 24 Motion to Strike (crblc1, COURT STAFF) (Filed on 1/5/2010)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 5, 2010 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE v. BNSF RAILWAY CORP., Defendant. / FRANK MAHAR, Plaintiff, No. C 09-00357 CRB ORDER DENYING MOTION TO STRIKE AND RESETTING HEARING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA The Court is in receipt of Defendant BNSF Railway Corp.'s Motion to Strike Plaintiff's Opposition, as well as Plaintiff's response thereto. Defendant argues that Plaintiff's Opposition was filed three days late, and asks that it be struck, or that the hearing be reset. Plaintiff responds that its filing was proper under Fed. R. Civ. P. 6(a)(1)(C), though adds that it is willing to stipulate to a reasonable extension of time. Having carefully reviewed the parties' filings and the applicable rules, the Court hereby DENIES the Motion to Strike. However, for the Court's own scheduling purposes, the motion hearing currently set for January 15, 2010 is hereby VACATED and RESET for February 12, 2010 at the same time. IT IS SO ORDERED. G:\CRBALL\2009\357\order denying motion to strike.wpd

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