Cockburn v. SMS Industries, Inc. dba McGill Inc. et al
Filing
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ORDER Granting deft CreateForLess, LLC's 39 Motion for Leave to File Declaration by Judge Robert S. Lasnik.(TF)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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SUSAN TIERNEY COCKBURN,
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Plaintiff,
Case No. C10-1566RSL
v.
SWS INDUSTRIES, INC., et al.,
ORDER GRANTING MOTION FOR
LEAVE TO FILE DECLARATION
Defendants.
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This matter comes before the Court on a motion filed by defendant CreateForLess, LLC
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for leave to file the declaration of its president Dennis DeYoung. As set forth in the motion,
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CreateForLess did not file the declaration with its motion to dismiss, filed on January 31, 2011,
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because DeYoung was unavailable on that day due to a family emergency. Motion at p. 2.
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Plaintiff has not opposed the motion, which the Court construes, pursuant to Local Rule
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7, as a concession that the motion has merit. Moreover, CreateForLess has shown good cause
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for the belated filing due to a family emergency. Because the declaration was filed eleven days
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before plaintiff’s response to the motion to dismiss was due, she had ample time to respond to it.
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Therefore, plaintiff was not prejudiced by the delayed filing.
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Accordingly, the motion for leave to file the declaration (Dkt. #39) is GRANTED. The
Court will consider the DeYoung declaration when considering CreateForLess’s motion to
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ORDER GRANTING MOTION FOR
LEAVE TO FILE DECLARATION - 1
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dismiss.
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DATED this 4th day of May, 2011.
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A
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Robert S. Lasnik
United States District Judge
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ORDER GRANTING MOTION FOR
LEAVE TO FILE DECLARATION - 2
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