Moose Run, LLC v. Libric

Background

The court had previously allowed Renato Libric to file an amended answer and counterclaim and set November 20, 2019, as the deadline. Libric then submitted a filing titled “Amended Reply to Complaint and Request to File Exhibits ‘B’ and ‘G’ by December 31, 2019 or When Available.” The clerk received it on December 4, 2019, but the court deemed it filed on November 19, 2019, because Libric was incarcerated and represented himself and the document was given to prison officials for mailing on that date.

The filing contained Libric’s timely amended answer and counterclaim. It also asked for more time to file two referenced exhibits: Exhibit B, described as a forensic accountant’s report, and Exhibit G, described as a transcript of a telephone conference. Libric stated that he had requested the documents in September 2019 or earlier but had not received them, and that prison officials had not allowed him to print them electronically.

Court’s Analysis

The court relied on its earlier orders stating that Libric was not required to submit evidence with his answer. Because the amended answer and counterclaim already set out the contents of the two referenced exhibits, the court found it unnecessary to delay the case while Libric awaited the documents.

Ruling

The court denied Libric’s request for further leave to amend his answer and counterclaim. It directed Libric to serve copies of the exhibits on Moose Run when he receives them. The court also directed Moose Run to file its response to Libric’s counterclaim no later than January 10, 2020. The court stated that Libric need not file the exhibits with the clerk unless he offers them in support of or opposition to a motion.