Thompson Automotive Labs, LLC v. Illinois Tool Works, Inc.

Filing 134

ORDER denying 123 Motion to Strike and denying as moot 132 Motion for Extension of Time to File Response - Signed by Magistrate Judge James E. Gates on 11/28/2017. (Tripp, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION 5: 15-CV-282-FL THOMPSON AUTOMOTIVE LABS, INC., Plaintiff/Counter-Defendant, ) ) ) ) V. ILLINOIS TOOL WORKS INC., Defendant/Counter-Plaintiff. ORDER ) ) ) ) ) This case comes before the court on the motion (D.E. 123) filed by defendant/counterplaintiff Illinois Tool Works Inc. ("defendant") to strike as untimely the response (D.E. 121) filed by plaintiff/counter-defendant Thompson Automotive Labs, Inc. ("plaintiff') in opposition to defendant's expedited motion (D.E. 115) for leave to take additional depositions. The response in question was filed approximately nine hours after it was due. See 14 Nov. 2017 Text Order; 18 Nov. 2017 Notice of Elec. Filing. Plaintiff opposes the motion to strike (D.E. 131) and has filed separately a motion (D.E. 132) for leave to file the disputed response (D.E. 121) out ohime. There being no prejudice to any party by the court' s consideration of the untimely filing and excusable neglect by plaintiff having been shown, defendant' s motion to strike is DENIED. Plaintiffs motion for leave to file the response out of time is DENIED as moot. SO ORDERED, this V6day ofNovember 2017. J~ United States Magistrate Judge

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