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Opposition filed a proposed order for SJ late. Is there any action we can take?

Los Angeles, CA |

The Court requested Plaintiff's counsel to draft a proposed order for SJ. We opposed the proposed order and the Plaintiff's counsel duly filed all the relevant papers with the Court. However we have just learned that the filing was one day late and that counsel has written to the Court to apologise and to explain the delay. We were just wondering whether there are any consequences to this late filing and whether there is anything we could do to have their proposed order disqualified? Many thanks in advance for your kind advice.

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Attorney answers 1


You could object that it was late, but since you are the moving party on a summary judgment motion, you will need to show that it materially prejudiced you in some manner. I would instead focus your arguments on the substance of the motion, especially since Plaintiff's counsel already wrote the Court about it.

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