United States of America v. Stanley
ORDER denying 41 Motion to Strike. Signed by Honorable David C. Bramlette, III on 11/30/2012 (PL)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
United States of America
VERSUS CIVIL ACTION NO. 5:11cv117-DCB-RHW
Markus Brent Stanley
ORDER DENYING DEFENDANT’S MOTION TO STRIKE
One of the two documents pending before the Court is the
Summary Judgment and Supporting Documentation [docket no. 41].
Therein, Defendant Markus Stanley asks the Court to strike the
Plaintiff’s Motion for Summary Judgment [docket no. 32] because it
was filed fewer than ten minutes after the expiration of the
Government admits its error but suggests that its good faith
attempt to comply with the Court’s deadline warrants neither the
characterization nor the result suggested by the Defendant.
The decision to entertain a tardy motion is discretionary, and
the Court chooses to exercise that discretion. Edwards v. Cass
Cnty., Tex., 919 F.2d 273, 276 (5th Cir. 1990). The Government
attempted to comply with the Court’s deadlines, and the Court sees
no reason to impose what would be a draconian penalty for an eight
minute delay, which may or may not be partially attributable to the
peculiarities of the Court’s electronic filing system. However, out
Government’s Motion for Summary Judgment may have been neglected
because of his opposition to its filing, the Court will allow
Stanley additional time to file a supplemental response to the
dispositive motion. The Government also will be permitted to file
a rebuttal to any response in accordance with the local rules.
IT IS HEREBY ORDERED THAT the Defendant’s Motion to Strike
Supporting Documentation [docket no. 41] is DENIED.
IT IS FURTHER ORDERED THAT the Defendant may supplement his
Response in Opposition to Motion for Summary Judgment [docket
no. 42] and Memorandum in Support [docket entry no. 43] on or
before December 14, 2012.
So ORDERED, this the 30th day of November, 2012.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE
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