Arden v. Kastell et al

Filing 76

ORDER re 75 Notice of Untimely Filing. Signed by Judge Nathanael M. Cousins on November 2, 2011. (nclc2, COURT STAFF) (Filed on 11/2/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Plaintiff,

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Case No. 10-cv-00436 NC

GARY ARDEN,

ORDER RE: NOTICE OF
UNTIMELY FILING

v.
FRANK KASTELL, LINARD DAVIS,
AIRPORT TRAVEL AGENCY, INC., ALLA
SERDYUCHENKO, RON BRIGHAM,
SMARTE CARTE, Inc., and Does 1-10,

Re: Docket No. 75

Defendants.

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Plaintiff Gary Arden has filed a Notice of Untimely Filing of the Declaration of

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Charles Carreon in Opposition to Defendant’s Motion for Summary Judgment (Dkt. No.

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75). The Court finds that the reasons for the filing delay – length of exhibits and an

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unknown technical error – are sufficient under Civil General Order 45 to consider timely

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documents filed the next business day, November 1, 2011. See Gen. Order 45(VI)(e).

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The Court also finds that the late filing, which was completed 12 minutes after the filing

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deadline, has caused no prejudice.

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For good cause showing, the Court will take into consideration the Declaration of
Charles Carreon and attached Exhibits in support of Plaintiff’s Opposition to Defendant’s

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Case No. 10-cv-00436 NC
ORDER RE: NOTICE OF
UNTIMELY FILING

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Motion for Summary Judgment.

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IT IS SO ORDERED.

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DATED: November 2, 2011
___________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 10-cv-00436 NC
ORDER RE: NOTICE OF
UNTIMELY FILING

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