Free Order on Motion to Strike - District Court of Arizona - Arizona

MINUTES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

BILTMORE ASSOCIATES, as Trustee for Visitalk Creditors' Trust Honorable JUDGE H. RUSSEL HOLLAND Deputy Clerk ----PROCEEDINGS: ORDER FROM CHAMBERS

v.

PETER THIMMESCH, et al. CASE NO. 2:02-cv-2405-HRH

Official Recorder -----

The court informally took up defendant Snell & Wilmer's motion to strike or preclude untimely filings (Docket No. 449) at the final

pretrial conference in this case held February 8, 2008. Defendant objections. objects to plaintiff's late filing of exhibit Defendant

The court perceives no harm in this regard.

objects to the failure of plaintiff to file a response to exhibit objections. The court considers the opportunity to file such a Defendant objects that plaintiff has After hearing informally from

response to have been waived.

failed to timely file a trial brief.

both sides, the court determined that it would neither permit nor require plaintiff to late-file its trial brief. In consideration of the foregoing, the motion to strike is denied.

- 1 Case 2:02-cv-02405-HRH Document 452 Filed 02/12/2008 Page 1 of 1