hibu Inc. v. PeckMOTION for Leave to file Out of Time His Opposition to Hibu's Motion to Exclude Expert Reports and Testimony of Rodney SowardsD. Kan.December 8, 2017 CORE/3502715.0002/136381127.1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AT WICHITA Hibu Inc., Plaintiff, v. Chad Peck, Defendant. ) ) ) ) ) ) ) ) ) Case No. 16-cv-01055-JTM-TJJ ) DEFENDANT'S MOTION FOR LEAVE TO FILE OUT OF TIME HIS OPPOSITION TO HIBU'S MOTION TO EXCLUDE EXPERT REPORTS AND TESTIMONY OF RODNEY SOWARDS Defendant Chad Peck ("Mr. Peck"), by and through his undersigned attorneys moves, pursuant to Fed. R. Civ. P. 6(b)(1)(B) and District Court of Kansas Local Rule 6.1, for leave to file out of time his Memorandum in Opposition to Hibu's Motion to Exclude Expert Reports and Testimony of Rodney Sowards ("Opposition") (Doc. 295), specifically, one week late. Mr. Peck's Opposition was filed late due to a mistake in calendaring the response deadline. Mr. Peck's counsel were unaware of the mistake until they received Plaintiff's Motion to Strike the Untimely Filing (Doc. 300-301). Mr. Peck and his counsel respectfully request the Court accept the late-filed Opposition due to excusable neglect, as further argued in his Memorandum in Support filed herewith. Dated: December 8, 2017 /s/ Alisa Nickel Ehrlich Lynn D. Preheim (#13300) Alisa Nickel Ehrlich (#17096) STINSON LEONARD STREET LLP 1625 N. Waterfront Parkway, Suite 300 Wichita, Kansas 67206-6620 Case 6:16-cv-01055-JTM Document 302 Filed 12/08/17 Page 1 of 2 2 CORE/3502715.0002/136381127.1 Telephone (316) 265-8800 Facsimile (316) 265-1349 lynn.preheim@stinson.com alisa.ehrlich@stinson.com Joseph Serino, Jr., admitted pro hac vice Leah Friedman, admitted pro hac vice Gregory S. Mortenson, admitted pro hac vice LATHAM & WATKINS LLP 885 Third Avenue, Suite 1000 New York, New York 10022 Telephone: (212) 906-1200 Facsimile: (212) 751-4864 joseph.serino@lw.com leah.friedman@lw.com gregory.mortenson@lw.com Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that on this 8 th day of December, 2017, I caused the above and foregoing to be electronically filed with the clerk of the court by using the CM/ECF system which will send a notice of electronic filing to the following: Patrick L. Kenney John M. Mattox II Todd W. Ruskamp Russell J. Shankland Shook, Hardy & Bacon L.L.P. 2555 Grand Blvd. Kansas City, MO 64108 pkenney@shb.com jmattox@shb.com truskamp@shb.com rshankland@shb.com Attorneys for Plaintiff s/ Alisa Nickel Ehrlich Alisa Nickel Ehrlich Case 6:16-cv-01055-JTM Document 302 Filed 12/08/17 Page 2 of 2
