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Schultz v. Wilson

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


September 7, 2006

LANCE SCHULTZ, ET AL., PLAINTIFFS
v.
KEVIN WILSON, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 7th day of September, 2006, upon consideration of defendant Sharon Gelwick's motion for an enlargement of time nunc pro tunc (Doc. 54) to file a statement of material facts in support of her motion for summary judgment (Doc. 48), see L.R. 56.1, and of plaintiffs' motion to strike (Doc. 55) the motion for summary judgment (Doc. 48) due to the absence of a statement of material facts, and it appearing that defendant filed a statement of material facts (Doc. 59) on August 7, 2006, and that defendant has demonstrated excusable neglect for the belated filing,*fn1 see FED. R. CIV. P. 6(b)(2); see also In re Cendant Corp. Prides Litig., 233 F.3d 188, 196 (3d Cir. 2000) (discussing factors to assess in determining excusable neglect including the reason for delay and the potential impact of that delay), it is hereby ORDERED that:

1. The motion for an enlargement of time (Doc. 54) is GRANTED.

2. The motion to strike (Doc. 55) defendant's motion for summary judgment is DENIED as moot.

CHRISTOPHER C. CONNER United States District Judge


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