Cockburn v. SMS Industries, Inc. dba McGill Inc. et al

Filing 60

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