DIRECTV LLC v. Cmejla et al

Filing 44

ORDER signed by Judge Rudolph T. Randa on 5/26/2016. 42 Plaintiff's Objections to Defendants' Memorandum of Law OVERRULED. 43 Defendants' MOTION for Extension of Time DENIED as moot. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DIRECTV LLC,
Plaintiff,
-vs-

Case No. 15-C-227

JEFFREY R. CMEJLA and
JEFF’S SPORTS BAR LLC
d/b/a Jeff’s Sports Bar
a/k/a Jeff’s Sports Bar and Grill,
Defendants.
DECISION AND ORDER
On March 25, 2016, the Court signed a text only order directing the
parties to file damages briefs within 45 days. The plaintiff, DIRECTV, filed
its brief on May 9. The defendants filed their brief one day later on May 10.
DIRECTV objects, arguing that the defendants’ filing is one day late. This
argument fails to account for the three-day mailing rule. Fed. R. Civ. P.
6(d), 5(a)(1)(A), 5(b)(2)(E). Indeed in this case, while the order was signed
on March 25, it was not entered on the docket until March 28.
DIRECTV also attempts to reserve its right to a reply brief, arguing
that the defendants should not have been allowed an opportunity to
respond to the arguments made in DIRECTV’s brief. Yet nothing prevented
either party from filing their briefs at any time during the 45-day time

frame. If, for example, the defendants filed their brief on April 20, the
Court doubts that DIRECTV would have ignored the defendants’
arguments. For now, the Court does not want any further briefing on this
issue.
DIRECTV’s objection [ECF No. 42] is OVERRULED, and the
defendants’ motion for an extension of time [ECF No. 43] is DENIED as
moot.
Dated at Milwaukee, Wisconsin, this 26th day of May, 2016.
SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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