Opinion
Civil Action No. 01-2409-CM.
October 27, 2004
MEMORANDUM AND ORDER
This matter comes before the court on Plaintiff's Motion to Exclude Certain Pleadings for Failure to Timely File (Doc. 197).
I. Standard
Plaintiff has moved to exclude four motions submitted by defendants for failure to timely file. Plaintiff argues that defendants' deposition counter-designation, objections to deposition designations, and proposed jury instructions were to be filed no later than ten calendar days before trial, and defendants' objections to witness and exhibit lists were to be filed no later than eleven calendar days before trial. However, defendants filed all four motions on May 24, 2004, eight calendar days before trial. Defendants argue that the court's Order Continuing Trial and Setting Deadlines (Doc. 130) stated that calendar days shall include holidays and weekends, which is contrary to the Federal Rules of Civil Procedure 6(a), but that the court's Final Pretrial Order (Doc. 131) did not include this language. Defendants relied on the language in the Final Pretrial Order.
Given that the original trial date has been continued and that plaintiff will not be prejudiced by the court allowing defendants' pleadings to remain on the docket, the court denies plaintiff's motion.
IT IS THEREFORE ORDERED that Plaintiff's Motion to Exclude Certain Pleadings for Failure to Timely File (Doc. 197) is hereby denied.