Thursday, November 7, 2013

Calendaring 101.


Admittedly many of us are lawyers because we aren't all that great at math.

But still you shouldn't have a federal judge correct you on your calendaring:
Defendant also separately moves to strike Plaintiff’s Response to its Motion to Dismiss. D.E. 8. Defendant argues that the Response was due on July 5, 2013—fourteen days after service of the Motion—but that Plaintiff filed the Response on July 9, 2013. Id. at 1. However, as Plaintiff correctly notes, the Court designated July 5, 2013, a holiday. See S.D. Fla. Administrative Order 2013-37. To determine the due date of a response to a motion that is not hand-delivered, the Local Rules direct parties to count fourteen days after the filing of the motion, then add another three calendar days. S.D. Fla. L. R. 7(c)(1)(A). If the fourteen-day period lands on a weekend or holiday, the fourteen-day period is extended until the next business day after the weekend or holiday. Id. Because the fourteen-day period finished on July 5, 2013—a Court holiday—the period ran until the next business day, July 8, 2013, so the due date was then three days after that, on July 11, 2013. Thus, Plaintiff’s Response was not untimely, and Defendant’s Motion to Strike is denied.
Those holidays always muck things up!

4 comments:

Anonymous said...

What a-hole files a motion to strike when a pleading is a couple days late?

Anonymous said...

And then gets it wrong!

Anonymous said...

Frank Henry from BlueRock Legal, that's who.

Anonymous said...

Here is your question of the day. Who is the career federal prosecutor who owns a golden urinal?