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United States ex rel Judd v. Maloy

August 28, 2006

UNITED STATES OF AMERICA EX REL. JEFFREY JUDD, RELATOR,
v.
DENNIS MALOY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Thomas M. Rose

ENTRY ORDERING RELATOR TO FILE HIS THIRTY-FIVE--PAGE MEMORANDUM CONTRA NOT LATER THAN TWENTY-FOUR HOURS FOLLOWING THE DOCKETING OF THIS ORDER

Now before the Court is Relator's Counsel's Response to the Court's August 17, 2006, Show Cause Order. (Doc. #60.) Relator's Counsel sought leave of court to exceed the twenty-page limitation after filing the document to which the twenty-page limitation applied and after the deadline for filing the document. The document in question is a Memorandum Contra Defendants' Motion for Summary Judgment.

The Memorandum Contra was struck because it exceeded the twenty-page limit and the Motion To Exceed the Twenty-Page limit was denied because it was untimely. Relator's Counsel again seeks to file the Memorandum Contra and to exceed the twenty-page limitation.

The jury trial of this matter is scheduled to begin on October 2, 2006. Due to the press of time, and for no other reason, Relator's Counsel is given until not later than twenty-four hours following the docketing of this Order to file the Memorandum Contra. Also due to the press of time, Relator's Counsel's request that the Memorandum Contra not exceed thirty-five pages is granted.

In the future, requests to exceed the twenty-page limit must be made in advance of filing the document to which the request applies. Also, any request to exceed the twenty-page limit must specify the number of pages requested. Further, any request to exceed the twenty-page limit must be submitted enough in advance to provide the Court an opportunity to make a meaningful assessment and an opportunity for the party requesting to exceed the limit to revise any document that may already have been prepared. Finally and obviously, the request to exceed the twenty-page limit must be filed before the document to which the request applies is due to be filed.*fn1

DONE and ORDERED in Dayton, Ohio, this Twenty-Eighth day of August, 2005.

THOMAS M. ROSE UNITED STATES ...


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