Doe v. SexSearch.com et al

Filing 85

Motion to strike Defendants' Memoranda (Dkt. #82 & #83) as untimely and moot filed by John Doe. Related document(s) 83 , 82 . (Boland, Dean)

Doe v. SexSearch.com et al

Doc. 85

Case 3:07-cv-00604-JZ

Document 85

Filed 04/06/2007

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION John Doe PLAINTIFF V. SexSearch.com, et al DEFENDANTS Case No. 3:07-cv-604 Judge Jack Zouhary MOTION TO STRIKE DEFENDANTS' MEMORANDUM IN OPPOSITION (Dkt. #82) and DEFENDANT EXPERIENCED'S IDENTICAL MEMORANDUM (Dkt. #83) TO PLAINTIFF'S MOTION FOR LEAVE TO ENGAGE IN LIMITED DISCOVERY TO MONIKER INC. PRIOR TO CIVIL RULE 26(f) CONFERENCE

John Doe respectfully requests this court strike Defendants' (Stallion.com FSC Limited, DNR, Manic Media (aka Manic Media, Inc.), Fiesta Catering International Inc., Mr. Damian Cross, Mr. Ed Kunkel, and Ms. Camelia Francis') Memoranda, Dkt. # 82 and Dkt #83). Both memoranda make the identical argument. Both memoranda object to Plaintiff's motion that was already granted more than 14 days ago. (Dkt. #64). Defendants' filed the memoranda in violation of local rule 7.1(d) that states in pertinent part: "[A] party opposing a motion must serve and file a memorandum in opposition within...fourteen (14) days after service of any non-dispositive motion." Plaintiff's motion for leave to engage in discovery prior to the Civil Rule 26(f) conference was filed March 16, 2007. (Dkt. #44). It was served on all Defendants both by operation of the court's electronic filing system on March 16, 2007. The motion was discussed by this court at the phone status conference on March 21, 2007 and granted that day. (Dkt. #64). Defendants filed their memoranda on April 5, 2007, 20 days following

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Dockets.Justia.com

Case 3:07-cv-00604-JZ

Document 85

Filed 04/06/2007

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the filing of Plaintiff's motion and 15 days following this court's granting of the motion. Even had this court not already granted the motion, their memoranda are out of time and should be stricken. Finally, the memoranda are moot as the discovery this court ordered (Dkt. #64) has already been provided. Wherefore, Doe respectfully requests this court strike Defendants' memoranda (Dkt. #82 and #83).

/s/Dean Boland Dean Boland 65693 18123 Sloane Avenue Lakewood, Ohio 44107 [e-mail] 216.529.9371 phone [phone] fax Attorney for John Doe Brandie Hawkins 124 S. Metcalf Street Lima Ohio 45801 1-419-225-5706 ph Attorney for John Doe CERTIFICATE OF SERVICE A copy of the foregoing was served by operation of the court's electronic filing system on all parties on April 6, 2007.

/s/Dean Boland Dean Boland (0065693)

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