UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

ROBERT LEVANDER Case No. 2:08-cv-14241 

 

Plaintiff, Hon: David M. Lawson 

-vsI.C. SYSTEM, INC., and 

JOHN DOE, 

Defendants. 

Rex C. Anderson (P47068) DOBBS & NEIDLE, P.C. 

Attorney for Plaintiff Daniel J. Ammon (P50923) 

9459 Lapeer Rd, Suite 101 Gregory R. Neidle (P59273) 

Davison, MI 48423 Attorneys for Defendants 

(810) 653-3300 30150 Telegraph Road, Suite 410 

rex@rexandersonpc.com Bingham Farms, MI 48025 

 (248) 723-9511 

Brian P. Parker (P48617) dammon@dobbsneidle.com 

Co-Counsel for Plaintiff gneidle@dobbsneidle.com

30700 Telegraph Rd., Suite 1580 

Bingham Farms, MI 48025 

(248) 642-6268 

lemonlaw@ameritech.net 

 

PLAINTIFF’S MOTION FOR LEAVE TO FILE TARDY MOTION IN LIMINE

NOW COMES Plaintiff ROBERT LEVANDER, by and through his attorney and hereby 

requests leave to file Motion in Limine. 

 Plaintiff avers that no party will be prejudiced by Plaintiff filing his reply late as the 

motion is being filed only two (2) days after the deadline. 

 This Court's December 10, 2008 Scheduling Order will not be affected in any way by the 

late filing as numerous issues are still pending before this Court relating to similar issues raised 

in the tardy motion. 

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 Plaintiff's counsel is requesting leave to file the tardy motion due to an inadvertent 

clerical miscalendaring of the due date for the motions in limine set forth in the Court's 

December 10, 2008 order. 

 During last thirty (30) days, Plaintiffs counsel's office upgraded server and software 

applications throughout the office which caused confusion amongst the clerical staff which may 

have contributed to the deadline for motions in limine being missed. 

 The incorrect calendaring of the motion deadline and additional confusion due to server 

and software upgrades constitute excusable neglect as set forth in Federal Rules of Civil 

Procedure 6(b). 

 Pursuant to Local Rule 7.1, counsel for Plaintiff contacted counsel for Defendants on 

Wednesday, May 13, 2009, seeking concurrence in the relief requested in this Motion and 

concurrence was denied.

WHEREFORE, Plaintiff requests this Honorable Court grant Plaintiff leave to file a 

tardy motion in limine, and grant any such further relief as this Court deems just and equitable. 

. 

 Respectfully submitted 

REX ANDERSON PC

May 13, 2009 By: /s/ Rex C. Anderson____ 

Rex C. Anderson, Esq. (P47068) 

Attorney for Plaintiff 

9459 Lapeer Rd 

Davison MI 48423 

Telephone: (810) 653-3300 

Facsimile: (866) 813-4195 

rex@rexandersonpc.com 

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CERTIFICATE OF SERVICE 

I hereby certify that on May 13, 2009 a copy of the above document was filed with the Clerk of 

the Court using the Court's ECF filing system which will send notification of the filing to the 

following: 

Daniel J. Ammon - dammon@dobbsneidle.com 

Gregory R. Neidle - gneidle@dobbsneidle.com

 __/s/ Rex C. Anderson___________ 

 Rex C. Anderson, Esq. (P47068) 

Attorney for Plaintiff 

9459 Lapeer Rd 

Davison MI 48423 

Telephone: (810) 653-3300 

 rex@rexandersonpc.com

Case 2:08-cv-14241-DML-VMM ECF No. 52, PageID.521 Filed 05/13/09 Page 3 of 3