National Alliance for Accessibility, Inc. et al v. W & K of Asheville, LLC

Filing 16

ORDER striking 14 Memorandum in Opposition to Motion. Signed by Magistrate Judge Dennis Howell on 4/20/2012. (pdf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12cv24
NATIONAL ALLIANCE FOR
ACCESSIBILITY, INC., a Florida )
Non-Profit Corporation; and
)
DENISE PAYNE, individually,

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Plaintiffs,
v.

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W&K OF ASHEVILLE, LLC, a
North Carolina Domestic
Corporation,
Defendant.
________________________________

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Defendant moved to dismiss the Complaint on March 29, 2012.
Plaintiff’s response to this motion was due fourteen days later. See LCvR
7.1(E). On April 5, 2012, Plaintiff requested a thirty day extension of time to
respond to Defendant’s motion. The Court denied this motion. (Order
Denying Mot. Extension Time, Apr. 5, 2012.) Subsequently, Plaintiff filed an
untimely response. In addition to being untimely, the response failed to
comply with the page requirements of the Local Rules. See LCvR 7.1(D).
Plaintiff, who is represented by counsel, did not file a second request for an
extension of time or a request for an extension of the page limit. Accordingly,
the Court STRIKES the Memorandum in Opposition to Motion to Dismiss [#
1

14] as well as all the attachments. Plaintiff will not be provided another
opportunity to file a response to Defendant’s motion.
Signed: April 20, 2012

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