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