Opinion
Civil Action No. 03-5065.
June 8, 2004
ORDER
AND NOW, this ____ day of June, 2004, upon consideration of Plaintiff's Motion to Strike the Reply Brief of Defendant William Gianetti (Doc. 13), it is hereby ORDERED that said Motion is DENIED. This Court granted Defendants leave to file a reply brief no later than April 25, 2004, in its Order of April 22, 2004. This Order, however, was not entered on the District Court Docket and transmitted to the Parties until April 26, 2004, making compliance impossible. Considering this clerical error, the Court will accept the Defendants' reply brief. The Court notes that there is no prejudice to the Plaintiff as the Court would not allow an further briefing on Defendants' Motion.
The Court also notes that leave was unnecessary to file a brief in this instance because the Plaintiff in his response to the Defendants' Motion for Summary Judgment made a Motion to Strike to the which the Plaintiff was entitled to respond.
AND IT IS SO ORDERED.