Hart v. Larson et al

Filing 156

ORDER: (1) Denying Motion to Strike, [Doc. 148 ]; (1) Granting Motion for Extension of Time, [Doc. 151 ]. Signed by Judge Roger T. Benitez on 10/2/2019. (tcf)

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OCT

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CLERK US DISTRICT COURT
SOUTHERN DI - IC OF CALIFORNIA t
BY
DEPUT~;

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 3:16-cv-01460-BEN-MDD

HOYTHART,

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Plaintiff,

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V.

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SCOTT R. LARSON, et al.,

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Defendants.

ORDER:
(1) DENYING MOTION TO STRIKE,
[Doc. 148);
(2) GRANTING MOTION FOR
EXTENSION OF TIME, [Doc. 151).

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Following the jury's verdict on August 15, 2019, the Court ordered that all post-trial

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motions be filed no later than September 4, 2019. The Court then issued a minute order

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providing the same deadline with all oppositions to be filed no later than September 14,

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2019. Doc. 127. On September 16, 2019, more than ten days after the Court's deadline to

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file post-trial motions, Plaintiff Hoyt Hart filed a Motion for New Trial. Doc. 147.

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Defendant Scott Larson now moves ex parte to strike Hart's Motion as untimely and

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in violation of the Court's scheduling order.

Doc. 148.

In response, Hart filed an

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opposition and a motion for an extension of time to file his Motion for New Trial, nunc pro

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tune, to September 16, 2019. Doc. 151. Although Hart violated the Court's scheduling

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order, he filed his Motion for New Trial within the 28 days permitted under Federal Rule

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3: I 6-cv-01460-BEN-MDD

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of Civil Procedure 59. Accordingly, Larson's motion to strike is DENIED, and Hart's

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motion for an extension to file, nunc pro tune, to September 16, 2019, is GRANTED.

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IT IS SO ORDERED.

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Date: October k:..._ 2019
TEZ

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3: 16-cv-01460-BEN-MDD