Last week, Judge Liman issued an opinion and order noting in a footnote that, although plaintiff had filed her opposition one day late, the court would still accept the filing. 

Initially, the defendant argued on reply that plaintiff’s opposition “should be disregarded” due to the delay. In response, the plaintiff “belatedly moved for leave to file a late opposition” and explained that counsel “had been traveling overseas, miscalendared the response date, and did not realize the response was late until this was pointed out by Defendant’s reply.”

Judge Liman ultimately agreed to grant plaintiff’s motion for leave to file a late opposition:Continue Reading Judge Liman: “Weak” Excuse Still Justified One-Day Late Opposition