Burriola et al v. Baca et al

Filing 107

ORDER DENYING 106 Motion for Reconsideration. Signed by Judge Edward C. Reed, Jr on 6/21/2010. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADA ANTHONY J. BURRIOLA, ) ) Plaintiff, ) ) vs. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) ________________________________________) PRESENT: Deputy Clerk: EDWARD C. REED, JR. COLLEEN LARSEN Reporter: 3:08-CV-00149-ECR-RAM MINUTES OF THE COURT Date: June 21, 2010 U. S. DISTRICT JUDGE NONE APPEARING Counsel for Plaintiff(s) Counsel for Defendant(s) MINUTE ORDER IN CHAMBERS NONE APPEARING NONE APPEARING Plaintiff has filed a Motion for Reconsideration (#106) of our Order (#104), which we issued on June 4, 2010. The basis for the Motion (#106) is the circumstance that Plaintiff's Reply (#105) to Defendants' Response (#103) to Plaintiff's Objections (#102) to the Magistrate Judge's Order (#100) was not filed until after the Court had ruled (Order #104) on Plaintiff's Objections (#102). Under the local rules, reply points and authorities are due no later than eleven (11) days after service of the response. Local Rule 7-2(c). Thus, taking into account the additional three days provided by Fed. R. Civ. P. 6(d), Plaintiff's Reply (#105) was due no later than June 3, 2010. Plaintiff's Reply (#105) was not filed until June 10, 2010. As such, the Reply was not filed timely. Moreover, the arguments raised in the Reply (#105) do not alter our analysis. IT IS, THEREFORE, HEREBY ORDERED that the Motion for Reconsideration (#106) is DENIED. LANCE S. WILSON, CLERK By /s/ Deputy Clerk

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