Afshari v. Bear Archery Inc. et al

Filing 49

OPINION & ORDER: Bear Archery's 47 MOTION to Dismiss is DENIED. 2) Afshari's tendered Response and Exhibit shall be FILED UNDER SEAL. 3) Clerk shall MAIL a sealed copy of the sealed documents to Bear Archery's counsel. 4) Bear Arc hery's 48 SECOND MOTION for Extension of Time to File its responsive Markman brief is GRANTED and the brief shall be due thirty days from entry of this Order; and 5) Pla may file a reply brief by 5/8/2014. Signed by Judge Karl S. Forester on 02/27/2014. (KLB) cc: COR, Pro se Pla via US Mail.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
CIVIL ACTION NO. 12-CV-13-KSF
BEN AFSHARI
v.

PLAINTIFF
OPINION & ORDER

BEAR ARCHERY, INC

DEFENDANT
*********

This matter is currently before the Court upon the motions of the defendant, Bear Archery,
Inc., to dismiss [DE #47] and for a second extension of time to file its responsive Markman brief
[DE #48]. In support of the motion to dismiss, Bear Archery notes that despite the Court’s
Scheduling Order of November 6, 2012 [DE #34], the plaintiff, Ben Afshari, failed to file his initial
Markman brief, which was due on January 15, 2014. Thereafter, on January 30, 2014, the Court
ordered Afshari to file his initial Markman brief within 15 days, along with a motion to file a late
brief stating the reasons for his failure to file it timely [DE# 43]. On February 10, 2014, Afshari did
file his initial Markman brief, but failed to file a motion for late filing [DE #45]. Defendant’s motion
for extension of time requests that it’s responsive Markman brief not be due until after a ruling is
made on the pending motion to dismiss.
Bear Archery moves to dismiss this action on the grounds that Afshari has not complied with
the Court’s order [DE #47]. On February 27, 2014, Afshari tendered to the Clerk’s Office his
“Response to Bear Archery’s Motion to Dismiss Filed on Feb 24th and 2nd Motion for Extension of
Time Filed on Feb 25th 2014.” Because the tendered Motion and attached exhibit contain personal
information related to minor children, the Clerk’s Office forwarded these filings to the Court for
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review. Upon review and pursuant to Rule 5.2 of the Federal Rules of Civil Procedure, the Court
finds that the documents should be filed under seal. Additionally, the Court finds that Afshari has
set forth good cause for his failure to comply with the Court’s previous Order. In light of the lenient
standards typically afforded to pro se litigants, the Court will deny Bear Archery’s motion to dismiss.
However, Afshari is cautioned that any future failures to fully comply with Court orders may result
in dismissal of this action.
Accordingly, the Court being fully and sufficiently advised, IT IS HEREBY ORDERED
as follows:
(1)

Bear Archery’s motion to dismiss [DE #47] is DENIED;

(2)

Afshari’s tendered Response and Exhibit shall be FILED UNDER SEAL;

(3)

the Clerk shall MAIL a sealed copy of the sealed documents to Bear Archery’s
counsel;

(4)

Bear Archery’s second motion for extension of time to file its responsive Markman
brief [DE #48] is GRANTED and the brief shall be due thirty (30) days from entry
of this Order; and

(5)

Plaintiff may file a reply brief by May 8, 2014.

This February 27, 2014.

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