Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 BRIAN WHITAKER, Case No. 5:21-cv-00667-EJD

Plaintiff, ORDER DENYING LEAVE TO FILE

LATE OPPOSITION DUE TO

v. EXCUSABLE NEGLECT

BRIGHTON COLLECTIBLES, LLC, Re: ECF No. 31 Defendant.

Plaintiff Brian Whitaker brings the instant motion for leave to file an untimely opposition to Defendant Brighton Collectibles, LLC’s motion for summary judgment. ECF No. 31. Because the Court finds that Plaintiff has not demonstrated excusable neglect, the Court DENIES Plaintiff’s motion. I. BACKGROUND On October 29, 2021, the Court entered its Case Management Order, setting forth a deadline for the parties to file dispositive motions by September 26, 2022. ECF No. 22. About eight months later, on July 14, 2022, the parties filed their Joint Trial Setting Conference Statement, in which they contemplated filing summary judgment motions. ECF No. 25, at 5. On September 26, 2022,…