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Addison J. Demoura, et al v. andrew J. Ford

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 25, 2012

ADDISON J. DEMOURA, ET AL.,
PLAINTIFFS,
v.
ANDREW J. FORD, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States Difstrict Judge

ORDER OVERRULING DEFENDANT FORD'S OBJECTION TO PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE (DOC. 205).

The Court has reviewed Defendant Andrew J. Ford's objection to the consideration of Plaintiffs' request for judicial notice, Doc. 205 (objecting to Doc. 204), and Plaintiffs' response thereto, Doc. 212. Although the objected-to documents were not uploaded to ECF prior to the court-ordered deadline of midnight on July 16, 2012, Plaintiffs' counsel has demonstrated that she twice attempted to file the documents, once just prior to and once a few minutes after the deadline, but that the ECF system returned unexplained errors. See Docs. 212-1, 212-2. There was no Court-announced ECF outage on the night of July 16, 2012. However, Local Rule 134(a)(1) explains that where an ECF technical failure not announced on the Court's website causes a filing delay, the delayed party "must file the document as promptly as possible and seek appropriate relief from the Court."*fn1 Because of her trial schedule, counsel could not attempt to docket the documents again until the following afternoon, July 17, 2012, at which time she successfully uploaded the documents to the ECF system. See Doc. 212 ¶ 13.*fn2 In light of counsel's representations and the absence of any indication of prejudice to Defendant, Plaintiffs have demonstrated excusable neglect justifying the late filing. The documents will be considered. Defendant Ford's objection is OVERRULED.

SO ORDERED


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