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Vaagn Vartanian v. Portfolio Recovery Associates

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 20, 2013

VAAGN VARTANIAN, PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, DEFENDANT.

The opinion of the court was delivered by: Otis D. Wright, II United States District Judge

ORDER STRIKING PLAINTIFF'S OPPOSITION [24]

On February 7, 2013, Defendant Portfolio Recovery Associates, LLC moved to dismiss Plaintiff Vaagn Vartanian's First Amended Complaint. (ECF No. 21.) Defendant scheduled the hearing on its motion for March 11, 2013. (Id.)

Local Rule 7-9 directs that Vartanian's opposition was due "not later than twenty-one (21) days before the date designated for the hearing of the motion." The exact due date fell on Monday, February 18, 2013. But since that day fell on Presidents' Day, a legal holiday,*fn1 Vartanian's opposition was due on Friday, February 15, 2013.*fn2

Under Local Rule 7-12, "The Court may decline to consider any memorandum or other document not filed within the deadline set by order or local rule."

Vartanian filed his Opposition on Tuesday, February 19, 2013 (ECF No. 24), several days after the February 15, 2013 due date. The Court therefore STRIKES the opposition as untimely.

IT IS SO ORDERED.


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