Helena Chemical Company v. Holthaus et al

Filing 38

ORDER granting 31 Motion to File an Amended and Supplemental Pleading Asserting Counterclaim. Defendants shall filed their amended and supplemental pleading by 5/17/2018. Signed by Magistrate Judge K. Gary Sebelius on 5/7/2018. (wh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
HELENA CHEMICAL COMPANY
d/b/a HELENA FINANCE,
Plaintiff,
v.
STEVEN EDWARD HOLTHAUS,
et al.,
Defendants.

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Case No. 17-2642-CM

ORDER
This matter comes before the court upon defendants Steven Edward Holthaus and Connie
S. Holthaus’ Motion to File Amended and Supplemental Pleading Asserting Counterclaim (ECF
No. 31). For the following reasons, this motion is granted.
Defendants filed this motion on April 19, 2018. Plaintiff has failed to file a timely
response. Local Rule 7.4(b) provides that “[a]bsent a showing of excusable neglect, a party or
attorney who fails to file a responsive brief or memorandum within the time specified . . . waives
the right to later file such brief or memorandum.”1 The Local Rule also states that if a party fails
to timely file a responsive brief, the court considers and decides the motion as uncontested, and
will usually grant the motion without further notice.2 Accordingly, the court grants defendants’
motion.
IT IS THEREFORE ORDERED that defendants Steven Edward Holthaus and Connie
S. Holthaus’ Motion to File Amended and Supplemental Pleading Asserting Counterclaim (ECF

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D. Kan. Rule 7.4(b).

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Id.

No. 31) is hereby granted. Defendants shall file their amended and supplemental pleading by May
17, 2018.
IT IS SO ORDERED.
Dated this 7th day of May, 2018, at Topeka, Kansas.

s/ K. Gary Sebelius
K. Gary Sebelius
U.S. Magistrate Judge

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