Opinion
Case No. 10-cv-00436 NC Re: Docket No. 75
11-02-2011
GARY ARDEN, Plaintiff, v. FRANK KASTELL, LINARD DAVIS, AIRPORT TRAVEL AGENCY, INC., ALLA SERDYUCHENKO, RON BRIGHAM, SMARTE CARTE, Inc., and Does 1-10, Defendants.
ORDER RE: NOTICE OF UNTIMELY FILING
Plaintiff Gary Arden has filed a Notice of Untimely Filing of the Declaration of Charles Carreon in Opposition to Defendant's Motion for Summary Judgment (Dkt. No. 75). The Court finds that the reasons for the filing delay - length of exhibits and an unknown technical error - are sufficient under Civil General Order 45 to consider timely documents filed the next business day, November 1, 2011. See Gen. Order 45(VI)(e). The Court also finds that the late filing, which was completed 12 minutes after the filing deadline, has caused no prejudice.
For good cause showing, the Court will take into consideration the Declaration of Charles Carreon and attached Exhibits in support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment.
IT IS SO ORDERED.
NATHANAEL M. COUSINS
United States Magistrate Judge