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Parr v. Ebrahimian

United States District Court, District Circuit

January 31, 2014

KEELY D. PARR, Plaintiff,
v.
MASHAALAH EBRAHAMIAN et al., Defendants.

MEMORANDUM OPINION AND ORDER

PAUL L. FRIEDMAN United States District Judge

Defendants Mashaallah Ebrahamian and Rimcor LLC have filed a motion to strike plaintiff Keely Parr’s cross-motion for summary judgment, or, in the alternative, to set a briefing schedule. Dkt. No. 123. The defendants note that Ms. Parr filed an opposition to their own motion for summary judgment in which she simultaneously cross-moved for summary judgment, but argue that (1) one cannot both oppose and move in the same document (which generally is correct), and (2) her cross-motion is untimely given that the Scheduling Order established by this Court set a deadline of November 20, 2013, for the filing of all dispositive motions. See Minute Order (Sept. 29, 2013).

Although the defendants are correct to point out that Ms. Parr’s cross-motion is untimely, the Court acknowledges that the plaintiff is proceeding pro se, and that pro se litigants are generally held to less stringent standards than are hired counsel. See Koch v. Walter, 934 F.Supp.2d 261, 266 (D.D.C. 2013).[1] The Court therefore will deny the defendants’ motion to the extent it seeks to strike the plaintiff’s cross-motion for summary judgment, and, instead, it will set a schedule pursuant to which defendants will be able to respond to Ms. Parr’s cross-motion.

Accordingly, it is hereby

ORDERED that defendants Mashaallah Ebrahamian and Rimcor LLC’s Motion to Strike Plaintiff’s Cross-Motion for Summary Judgment, or, in the Alternative, to Set a Briefing Schedule [Dkt. No. 123] is GRANTED IN PART and DENIED IN PART; it is

FURTHER ORDERED that the defendants shall file their opposition to the plaintiff’s cross-motion for summary judgment on or before March 3, 2014; and it is

FURTHER ORDERED that the plaintiff shall file her reply to the defendants’ opposition on or before March 24, 2014.

SO ORDERED.


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