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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 SECURITIES AND EXCHANGE COMMISSION, ) ) Plaintiff, ) ) vs. ) ) EXOTICS.COM, INC., et al., ) ) Defendants. ) __________________________________________) Case No. 2:05-cv-00531-MMD-GWF ORDER 13 14 This matter is before the Court on Plaintiff’s Motion to Strike (ECF No. 542), filed on July 15 18, 2017. To date, Defendant Gary Thomas has not filed an opposition to this motion and the time 16 for response has now expired. 17 Plaintiff requests that the Court strike Defendant Thomas’ Response (ECF No. 539) to 18 Plaintiff’s Memorandum in Support of Motion to Establish a New Installment Payment Plan as 19 untimely. Plaintiff filed its Memorandum (ECF No. 536) on June 13, 2017. Defendant requested 20 an extension until July 5, 2017 to file his response (ECF No. 537) and the Court granted his 21 request. ECF No. 538. On July 7, 2017, Defendant manually filed his Response. ECF No. 539. 22 The Court has discretion to accept a late filing and Plaintiff does not show any prejudice caused by 23 the delay. Accordingly, 24 IT IS HEREBY ORDERED that Plaintiff’s Motion to Strike (ECF No. 542) is denied. 25 DATED this 4th day of August, 2017. 26 27 28 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge

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