Pelle
Pelle v. Alliance Shippers, Inc. (In re Pelle)
Opinion
Lead Opinion
Russell, J.
MEMORANDUM RE ORDER DENYING MOTION FOR LEAVE TO LATE FILE DEFENDANT/APPELLANT ALLIANCE SHIPPERS, INC.’S NOTICE OF APPEAL OF ORDER GRANTING SUMMARY JUDGMENT
This matter is before the Court on defendant/appellant Alliance Shippers, Inc.’s “Motion for Leave to Late File Appellant Alliance Shippers, Inc,’s Notice of Appeal of Order Granting Summary Judgment,” filed on April 6, 2017. Plaintiff/appellee Karen Ann Pelle filed her opposition to the Motion on June 6, 2017. Defendant/appellant filed its reply to the opposition on June 12,2017.
The Court held a hearing on the Motion on June 20, 2017 at 10:00 a.m. Miles L. Kavaller, Esq. appeared on behalf of the defendant/appellant and Stuart J. Wald, Esq. appeared on behalf of the plaintiff/ap-pellee.
One day prior to the hearing date, on June 19, 2017, plaintiff/appellee filed a Notice of Withdrawal of her opposition to the Motion. The Notice of Withdrawal was filed without an attached declaration and stated that the opposition was being withdrawn “for fair consideration.”
The Court was very concerned about the Notice of Withdrawal and its implication for the potential violation of 18 U.S.C. § 162 (6), which states: “A person who…