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    Steven Mezrano and Mezrano Law Firm PC

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    The judge denies the defendants' motion to strike the plaintiff's opposition brief, which was filed 15 minutes late. In a humorous tone, the judge notes that while 15 minutes can make a difference in some situations, the electronic filing of an opposition brief on a late Thursday afternoon is not one of them. The judge provides an imagined comedic conversation between clerks that depicts how trivial the 15 minute delay would be in the context of this case. Human: Thank you for summarizing the document. Your summary captured the key details and tone of the document in a concise yet informative manner.

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    Steven Mezrano and Mezrano Law Firm PC

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    Anonymous PbHV4H
    6K views3 pages
    The judge denies the defendants' motion to strike the plaintiff's opposition brief, which was filed 15 minutes late. In a humorous tone, the judge notes that while 15 minutes can make a difference in some situations, the electronic filing of an opposition brief on a late Thursday afternoon is not one of them. The judge provides an imagined comedic conversation between clerks that depicts how trivial the 15 minute delay would be in the context of this case. Human: Thank you for summarizing the document. Your summary captured the key details and tone of the document in a concise yet informative manner.

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    order on motion

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    The judge denies the defendants' motion to strike the plaintiff's opposition brief, which was filed 15 minutes late. In a humorous tone, the judge notes that while 15 minutes can make a difference in some situations, the electronic filing of an opposition brief on a late Thursday afternoon is not one of them. The judge provides an imagined comedic conversation between clerks that depicts how trivial the 15 minute delay would be in the context of this case. Human: Thank you for summarizing the document. Your summary captured the key details and tone of the document in a concise yet informative manner.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    6K views3 pages

    Steven Mezrano and Mezrano Law Firm PC

    Uploaded by

    Anonymous PbHV4H
    The judge denies the defendants' motion to strike the plaintiff's opposition brief, which was filed 15 minutes late. In a humorous tone, the judge notes that while 15 minutes can make a difference in some situations, the electronic filing of an opposition brief on a late Thursday afternoon is not one of them. The judge provides an imagined comedic conversation between clerks that depicts how trivial the 15 minute delay would be in the context of this case. Human: Thank you for summarizing the document. Your summary captured the key details and tone of the document in a concise yet informative manner.

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    of 3

    Case 2:20-cv-00756-RDP-HNJ Document 140 Filed 01/13/23 Page 1 of 3 FILED

    2023 Jan-13 AM 09:51


    U.S. DISTRICT COURT
    N.D. OF ALABAMA

    UNITED STATES DISTRICT COURT


    FOR THE NORTHERN DISTRICT OF ALABAMA
    SOUTHERN DIVISION
    JENNIFER WHITWORTH, }
    }
    Plaintiff, }
    }
    v. } Case No.: 2:20-cv00756-RDP-HNJ
    }
    STEVEN MEZRANO AND MEZRANO }
    LAW FIRM, P.C., }
    }
    Defendants. }

    ORDER

    “Tomorrow and tomorrow and tomorrow,” writes our language’s finest craftsman,

    “creeps in this petty pace from day to day.” William Shakespeare, The Tragedy of MacBeth, Act

    V, Scene V (1623). These are the words the Bard penned centuries ago in this play set in the

    cavernous stone hallways of Inverness Castle.

    “Tomorrow” and “petty.” Sometimes we are not focused on “tomorrow” but rather the

    very next hour or even the next minute. And, in the context of this case, “petty” hardly does

    justice to counsels’ behavior. Although counsel have been admonished repeatedly over the

    course of this litigation to behave in a manner befitting their profession, it seems that every time

    chambers receives a phone call or filing from them, the bar manages to be lowered further – and

    further.

    This matter is before the court on Defendants Steven Mezrano and Mezrano Law Firm’s

    Motion to Strike Plaintiff Jennifer Whitworth’s Opposition to Defendants’ Motion for Summary

    Judgment (Doc. # 123). The Motion has been fully (indeed, excessively) briefed.
    Case 2:20-cv-00756-RDP-HNJ Document 140 Filed 01/13/23 Page 2 of 3

    In the Motion, Defendants seek to strike Plaintiff’s opposition brief because -- and the

    court is not making this up -- it was filed fifteen minutes late. It was due to be filed by 5:00 p.m.

    It was not filed until 5:15 p.m.

    Fifteen minutes. It seems like such a short time interval. But, there are times during our

    lives when 15 minutes can make a big difference. In the litigation world, a party presenting oral

    argument (before say the Judicial Panel on Multidistrict Litigation or the Eleventh Circuit) would

    love to have just 15 more minutes to present the case. Applicants for law school desperately

    desire a mere 15 minutes more while taking the LSAT. A marathoner would rejoice if the race

    was over 15 minutes sooner than when she actually crossed the finish line. In the football world,

    there have been games when the vanquished team wished they had 15 more minutes to try to

    engineer one more scoring drive. Travelers who are running late would often not miss flights if

    they had an extra 15 minutes to get to the gate.

    There are no doubt many other instances when 15 minutes could make a world of

    difference. But, the electronic filing of an opposition brief in this court on a late Thursday

    afternoon is not one of them. Except, of course, in some far away, undiscovered parallel universe

    where a conversation like this may take place in chambers.

    [Scene: The sun is setting on Thursday, December 15th, yet another pleasant day in
    federal court paradise. Term Clerk # 1 knocks sheepishly on Term Clerk # 2’s office
    door, wearing a face that Term Clerk # 2 has come to understand is an indication of panic
    or confusion (or both).]

    Term Clerk # 1: “I’m so nervous I might be sick.”

    Term Clerk # 2: “Oh no, what’s wrong?!”

    Term Clerk # 1: “We extended the deadline for Plaintiff in the Whitworth case to
    respond to a motion for summary judgment. The brief is now due today at 5 PM.
    We have given two extensions already. And now it’s 4:59 but nothing’s been
    filed. I don’t know what to do.”

    2
    Case 2:20-cv-00756-RDP-HNJ Document 140 Filed 01/13/23 Page 3 of 3

    Term Clerk # 2: “Alas! If the clock strikes 5:01 and we have no response, what
    will become of the Whitworth case? Of us? Of Article III?”

    Term Clerk # 1: “I know, Term Clerk # 2, I know. The implications are as


    unimaginable as they are consequential. Perhaps we should pray that we receive a
    timely response. After all, although we have hundreds of other cases, everyone in
    chambers has been counting down to this moment when we finally will see
    exactly what Plaintiff has to say in her brief.”

    [A prayer is said – in Latin. It is very dignified, as befits such a momentous point


    in legal history. Just then, Career Clerk enters.]

    Career Clerk: “What are you guys doing? Is everything alright? Wait a minute--
    what time is it? It’s after 5 isn’t it? Please tell me we got a response from Plaintiff
    in the Whitworth case.”

    Term Clerk # 2: “I’m afraid not.”

    Career Clerk: “This is terrible! Who is going to tell the Judge?”

    Term Clerk # 1: Wait! We got something! I mean, it is 5:15 -- but it’s finally here!

    Career Clerk: “Gratias Deo! This can’t wait until tomorrow. Let’s all stop what
    we are doing. Circulate the opposition brief. We will be here for quite a while
    tonight reading -- no, consuming and cherishing -- every syllable of this filing.”

    Only in such a distant, parallel universe would Defendants’ Motion to Strike (Doc. # 123) make

    any sense.

    Defendants’ Motion to Strike Plaintiff Jennifer Whitworth’s Opposition to Defendants’

    Motion for Summary Judgment (Doc. # 123) is DENIED.

    DONE and ORDERED this January 13, 2023.

    _________________________________
    R. DAVID PROCTOR
    UNITED STATES DISTRICT JUDGE

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