Rangel et al v. Union Pacific Railroad

Filing 42

ORDER granting 38 Motion for Leave; granting 40 Motion for Leave. Ordered by Judge Judith K. Guthrie. (ADB, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ROBERT L. RANGEL, ET AL. Vs. UNION PACIFIC RAILROAD COMPANY CIVIL ACTION NO. 9:07CV211 ORDER On May 8, 2008, Defendant filed two Unopposed Motions for Leave to Extend Filing Deadline Pursuant to Local Rule CV-5(10) (document #38, #40). Defendant asserts that it was unable to timely file a Reply to Plaintiff's Robert L. Rangel's Response to Defendant's Motion to Transfer Venue and a Reply to Plaintiffs' Response to Defendant's Motion for Severance due to a technical failure in the online docketing system. The Court's CM/ECF database suffered a technical failure at approximately 3:30 p.m. on Friday, May 2, 2008. The system was not back online until Thursday, May 8, 2008. In response to the technical failure, General Order 08-6 was issued on May 6, 2008 extending existing scheduling deadlines occurring between the dates of Friday, May 2, 2008 and May 11, 2008 to Monday, May 12, 2008. Defendant's motion is unnecessary because the filing deadlines are extended pursuant to General Order 08-6. It is therefore ORDERED that Defendant's Unopposed Motions for Leave to Extend Filing Deadline Pursuant to Local Rule CV-5(10) (document #38, #40) are GRANTED. Pursuant to General Order Page 1 of 2 N:\Civil\Referrals\Rangel - motion for leave.wpd 08-6, motions for leave to file are unnecessary for filings that could not be filed timely due to the Court's CM/ECF database technical failure. So ORDERED and SIGNED this 12 day of May, 2008. ____________________________ JUDITH K. GUTHRIE UNITED STATES MAGISTRATE JUDGE N:\Civil\Referrals\Rangel - motion for leave.wpd Page 2 of 2

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