Liguori et al v. Hansen et al

Filing 108

ORDER Granting 98 Motion to Extend Time re: 97 Motion for Summary Judgment. Denying 100 Motion to Strike. Signed by Judge Jennifer A. Dorsey on 2/21/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Steven Liguori et al.,
Case No. 2:11-cv-00492-JAD-CWH
Plaintiffs,

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v.

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Bert Hansen, et al.,

Order re: Untimely Motion for Summary
Judgment
(Docs. 98 & 100)

Defendants.

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The dispositive-motion deadline in this case was September 30, 2013. On October 24, 2014,

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Defendant Bert Hansen filed a motion for summary judgment (Doc. 97) and a request for relief from

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the expired deadline, explaining that a paralegal’s innocent mistake resulted in the deadline being

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calendared as October 30th instead of September 30th. Doc. 98. He argues that this excusable

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neglect justifies the acceptance of his 24-day-late motion for summary judgment. Id. Plaintiff

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opposes the request by pointing out that this is the Hansen’s third untimely request for an extension

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of time and reflects a pattern of conduct throughout this litigation that should not be condoned. Doc.

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101.

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The Court does not look lightly upon repeated failures to comply with deadlines. However,

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the Court is also mindful of the policy favoring deciding matters on their merits and, in isolation, it

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appears that Hansen’s counsel has demonstrated excusable neglect. Counsel is cautioned, however,

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that any future request for an extension of time based on similar neglect or mistake of counsel or

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staff will be looked upon with skepticism. Counsel should take this opportunity to re-check the

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calendared deadlines in this case because it is highly unlikely that this Court will grant another

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extension of time on similar excuses. Accordingly, good cause appearing:

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IT IS HEREBY ORDERED that Defendant Hansen’s Motion to Extend Time re: Motion for
Summary Judgment (Doc. 98) is GRANTED;
IT IS FURTHER ORDERED that the Emergency Motion to Strike Hansen’s Motion for
Summary Judgment (Doc. 100) is DENIED.
DATED this 21st day of February, 2014.

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______________________________________
Jennifer A. Dorsey
United States District Court Judge

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