Securities and Exchange Commission VS Exotics.Com, Inc., etal
Filing
543
ORDER denying Plaintiff's ECF No. 542 Motion to Strike. Signed by Magistrate Judge George Foley, Jr. on 8/4/2017. (Copies have been distributed pursuant to the NEF - KR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SECURITIES AND EXCHANGE COMMISSION, )
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Plaintiff,
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vs.
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EXOTICS.COM, INC., et al.,
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Defendants. )
__________________________________________)
Case No. 2:05-cv-00531-MMD-GWF
ORDER
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This matter is before the Court on Plaintiff’s Motion to Strike (ECF No. 542), filed on July
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18, 2017. To date, Defendant Gary Thomas has not filed an opposition to this motion and the time
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for response has now expired.
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Plaintiff requests that the Court strike Defendant Thomas’ Response (ECF No. 539) to
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Plaintiff’s Memorandum in Support of Motion to Establish a New Installment Payment Plan as
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untimely. Plaintiff filed its Memorandum (ECF No. 536) on June 13, 2017. Defendant requested
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an extension until July 5, 2017 to file his response (ECF No. 537) and the Court granted his
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request. ECF No. 538. On July 7, 2017, Defendant manually filed his Response. ECF No. 539.
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The Court has discretion to accept a late filing and Plaintiff does not show any prejudice caused by
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the delay. Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s Motion to Strike (ECF No. 542) is denied.
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DATED this 4th day of August, 2017.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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