Opinion
03-C-0578-C.
August 4, 2004
ORDER
The parties have advised the court that plaintiff did not receive defendant's motion for summary judgment until approximately ten days after the deadline for filing dispositive motions had passed. Defendant explains that the delay in plaintiff's receiving the motion was the result of defendant's having sent plaintiff's copy to the wrong address. When defendant learned of the error, he immediately remailed the motion to plaintiff at the correct address. Although plaintiff does not say when he actually received the motion, I will assume from the fact that it was remailed on July 13, 2004, that he had it by July 16, 2004.
Defendant's motion is not "moot" simply because it was routed to plaintiff off course. However, in fairness to plaintiff, I will modify the schedule for his response and defendant's reply.