Webb v. Starbucks Corporation

Filing 43

ORDER granting 41 Motion to Strike 29 Response to Motion. Signed by District Judge Martin Reidinger on 10/1/08. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:07cv271

CATHERINE ANNE WEBB, Plaintiff, vs. STARBUCKS CORPORATION, Defendant.

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ORDER

THIS MATTER is before the Court on the Plaintiff's Motion to Strike [Doc. 41], filed September 29, 2008. The Plaintiff filed a Response to the Motion for Summary Judgment [Doc. 29] that does not comply with the rules of this Court. Plaintiff's counsel, realizing his error has filed with the Court a replacement Response [Doc. 42] and now seeks for the Court to strike the original erroneous response. For the reasons stated in the motion, and for good cause shown, IT IS, THEREFORE, ORDERED that Plaintiff's Response to Defendant's Motion for Summary Judgment [Doc. 29], filed on September

25, 2008 is hereby stricken from the record and the Plaintiff's revised Response [Doc. 42] is accepted in its place and stead. The Exhibits filed contemporaneously with the original Response [Docs. 30 through 40] are not stricken and are hereby accepted as exhibits to the replacement Response [Doc. 42].
Signed: October 1, 2008