Opinion
Civil Action 1:20-CV-783
11-28-2022
HOMELAND INSURANCE COMPANY OF NEW YORK, Plaintiff, v. CLINICAL PATHOLOGY LABORATORIES, INC., AND SONIC HEALTHCARE USA, INC., Defendants.
Ernest Martin, Jr. [Bar No. 13063300] Greg Van Houten* Haynes and Boone, LLP *Admitted Pro Hac Vice Mark T. Beaman [Bar No. 01955700] Ryan Bueche [Bar. No. 24064970] Germer Beaman & Brown PLLC ATTORNEYS FOR DEFENDANTS
Ernest Martin, Jr. [Bar No. 13063300]
Greg Van Houten*
Haynes and Boone, LLP
*Admitted Pro Hac Vice
Mark T. Beaman [Bar No. 01955700]
Ryan Bueche [Bar. No. 24064970]
Germer Beaman & Brown PLLC ATTORNEYS FOR DEFENDANTS
DEFENDANTS' SUR-REPLY TO PLAINTIFF'S REPLY IN SUPPORT OF ITS MOTIONS TO COMPEL
Plaintiff asserts in its reply brief in support of its motions to compel that Defendants' response brief was “late.” See Dkt. Nos. 157 & 158 at 2, n.1. That assertion is incorrect.
On September 15, 2022, and September 21, 2022, Plaintiff filed motions for leave to file two separate motions to compel under seal. See Dkt. Nos. 143 & 147. On October 3, 2022, the Court granted Homeland's respective motions for leave. See Text Orders (Oct. 3, 2022). That same day, the Clerk filed Homeland's sealed motions on the Docket. See Dkt. Nos. 151 & 152.
Local Rule CV-7(b), which regards situations where “a motion for leave” is filed, provides that “after leave is granted, any applicable time limits triggered by the [motion] shall run from the filing of the [motion] by the clerk or otherwise.” Local Rule CV-7(b) (emphasis added). Thus, Defendants' time limit for responding to Homeland's motions ran from October 3, 2022, which is when the Clerk filed on the Docket Homeland's sealed motions to compel. Under Local Rule CV-7(d)(2), Defendants had seven days to file a response-i.e., Defendants had until October 10, 2022. Defendants filed their response on October 10, 2022. See Dkt. No. 155. Thus, contrary to Plaintiff's assertion, Defendants' response brief was not “late.”