JES, Inc. et al. v. Scottsdale Insurance Company

Summary

The United States District Court for the Eastern District of Louisiana denies Plaintiffs’ motion to strike Scottsdale Insurance Company’s motion for partial summary judgment. The Court concludes that the motion was timely filed or, alternatively, that any delay was excusable neglect under Federal Rule of Civil Procedure 6(b)(1)(B).

Holdings

1. The Court declined to strike the summary-judgment motion because Defendant filed it in good faith by the applicable deadline, even though it was filed contemporaneously with the motion for leave to exceed the page limit.
2. Even assuming the summary-judgment motion was untimely, the Court exercised its discretion to excuse the delay because the relevant equitable factors favored a finding of excusable neglect.

Questions Presented

1. Whether Defendant's motion for summary judgment was untimely when it was filed contemporaneously with a motion for leave to exceed the page limit and the Court granted leave after the filing deadline.
2. Whether any untimeliness should be excused under Federal Rule of Civil Procedure 6(b)(1)(B) based on excusable neglect.

Disposition

other