MaxEn Capital, LLC et al v. Sutherland et al

Filing 18

ORDER entered DENYING 17 Corrected MOTION to Strike.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MAXEN CAPITAL, LLC, et al., Plaintiffs, v. TIMOTHY SUTHERLAND, et al., Defendants. CIVIL ACTION NO. H-08-3590 ORDER The plaintiffs, Maxen Capital, LLC, William Baker, and Robert Erwin, filed a motion to strike the defendants' "late-filed" reply to the plaintiffs' response to the defendants' motion to dismiss. (Docket Entry No. 15, 17). The defendants filed a response. (Docket Entry No. 16). The motion to strike is based on the fact that the court's deadline for the defendants' reply was February 16, 2009. The reply was filed on February 17. As the defendants point out, however, the filing was timely because February 16 was a federal holiday -Washington's Birthday -- and under Rule 6 of the Federal Rules of Civil Procedure, the deadline was the "next day that is not . . . a legal holiday," February 17. The motion to strike is denied. SIGNED on February 26, 2009, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge

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