Case: 1:10-md-02196-JZ Doc #: 1726 Filed: 06/10/15 1 of 2.

PageID #: 85690

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
In re Polyurethane Foam Antitrust
Litigation

Case No. 1:10 MD 2196

ORDER

This document relates to:

Case Nos. 11-pf-10007 (Sealy Corp.); 12-pf10009 (Furniture Brands International, Inc.)

JUDGE JACK ZOUHARY

Pending before this Court is the Motion of the Sealy Plaintiffs for a 15 minute extension to
file their opposition to Defendants summary judgment motions (Doc. 1723). Yes, you read that
correctly, a 15 minute extension. The Sealy Plaintiffs filed the Motion at 12:02 AM, just after the
midnight deadline, and asked until 12:15 AM for the filing of their brief. The Sealy Plaintiffs note
the inability to confer with Defendants and obtain their consent because of the late hour. No
surprise there. The brief was actually filed at 12:18 AM, three minutes past the requested extension.
The reason given for the extension is that counsel apparently had run into technical issues
delaying the uploading of their exhibits. The first question this Court has is: Why are we waiting
until the eleventh hour? The filing deadline was set some time ago. What message is being sent to
this Court when a filing, especially a filing of this length, is being rushed in at the last minute?
In the old days, law firms employed runners who would dash off to the courthouse just
before the 5 PM closing to timely file a pleading. With electronic filing, the daily deadline has been
extended from regular business hours to evening hours. Lawyers are now literally burning the
midnight oil (ironically, a phrase developed in pre-electricity days when nighttime light was
provided by oil lamps), and hit the send button with a sigh of relief. This is a sad commentary on the

Case: 1:10-md-02196-JZ Doc #: 1726 Filed: 06/10/15 2 of 2. PageID #: 85691

life of todays law firm associates who would undoubtedly prefer to be elsewhere, even if dinner and
a ride home are comped.
In any event, Plaintiffs correctly note there will be no prejudice to any party by allowing this
very brief extension. This Court therefore denies the Motion for a 15 minute, but grants a 20 minute
extension, thereby allowing their brief, filed 18 minutes late, to be deemed timely filed.
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U. S. DISTRICT JUDGE
June 10, 2015