Knoles v. Teva Pharmaceuticals USA, Inc. et al

Filing 57

ORDER DENYING 55 MOTION TO STRIKE PLAINTIFF'S UNTIMELY OPPOSITION; AND VACATING HEARING ON MOTION TO STRIKE. Signed by Judge Beth Labson Freeman on 1/11/2019. (blflc1S, COURT STAFF) (Filed on 1/11/2019)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4

SAN JOSE DIVISION

5
6

MARLESSA KNOLES,
Plaintiff,

7
8
9
10

Case No. 17-cv-06580-BLF

v.
TEVA PHARMACEUTICALS USA, INC.,
et al.,
Defendants.

ORDER DENYING MOTION TO
STRIKE PLAINTIFF’S UNTIMELY
OPPOSITION; AND VACATING
HEARING ON MOTION TO STRIKE
[Re: ECF 55]

United States District Court
Northern District of California

11
12
13

Defendants’ motion to strike Plaintiff’s untimely opposition to Defendants’ motion for

14

judgment on the pleadings is DENIED, and the January 16, 2019 hearing on the motion to strike is

15

VACATED. The Court accepts Plaintiff’s representation that the late filing of the opposition,

16

approximately two weeks after its due date, was due to a technical problem. Defendants have not

17

demonstrated prejudice from the late filing. Defendants’ motion to strike contains substantive

18

arguments addressing Plaintiff’s late-filed opposition and it is accepted by the Court as

19

Defendants’ reply on their motion for judgment on the pleadings.

20
21
22

The January 16, 2019 hearing on Defendants’ motion for judgment on the pleadings
REMAINS on calendar.
IT IS SO ORDERED.

23
24
25
26
27
28

Dated: January 11, 2019
______________________________________
BETH LABSON FREEMAN
United States District Judge