Counter v. Healy et al

Filing 18

Magistrate Judge Leo T. Sorokin: ORDER ON DEFENDANTS MOTION TO STRIKE; The Defendants have filed a Motion to Strike (Docket # 14) the Second Motion to Amend filed by the Plaintiffs; Accordingly, the Motion to Strike (Docket #17) is DENIED. RE: 17 Motion to Strike 14 Second MOTION to Amend Complaint, 17 MOTION to Strike 14 Second MOTION to Amend Complaint (Simeone, Maria)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ____________________________________ SAMUEL A. COUNTER, Plaintiff, v. ROBERT W. HEALY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 09-12144-RGS

ORDER ON DEFENDANTS' MOTION TO STRIKE June 11, 2010 SOROKIN, M.J. The Defendants have filed a Motion to Strike (Docket # 14) the Second Motion to Amend filed by the Plaintiffs. The sole ground asserted in support of the motion is that the Plaintiff's Motion to Amend (due by Court Order on May 3, 2010) was late in that Plaintiff's counsel filed the Motion electronically at 10:41 p.m. on May 3, 2010. Local Rule 5.4 provides that "All electronic transmissions of documents must be completed prior to 6:00 p.m to be considered timely filed that day." This motion elevates form over substance and contravenes the spirit of the Federal Rules of Civil Procedure which provide that the rules "should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P.

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1. In addition, this motion was filed before complying with all of the prerequisites to the filing of a motion with the Court. Specifically, Local Rule 7.1(2) governing Motion Practice provides:

No motion shall be filed unless counsel certify that they have conferred and have attempted in good faith to resolve or narrow the issue.

The Court would expect that any dispute arising out of the 10:41 p.m. filing by the Plaintiff's counsel would, in all likelihood, have been resolved by counsel in the course of the mandatory conferral process. Accordingly, the Motion to Strike (Docket #17) is DENIED.

SO ORDERED, /s / Leo T. Sorokin UNITED STATES MAGISTRATE JUDGE

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