[CLBS] Do I need to file an application for shortened notice under these facts?

[Holly Roark]

Mailing of a motion (21+3) turned out to be a day short because the motion
came back to me for lack of enough postage. This is the first time in my 17
years this ever happened. The post office said it should have been the "flat
rate" postage since I stuffed a lot of pages into a regular No. 10 envelope.
(I've been sending these fat envelopes for years and they never said
anything!)

 

When I re-mailed it to pro se (vexatious litigant) it was only 21+2 days,
HOWEVER, pro se had already filed his response to my motion, just 4 days
after I had emailed it to him. (Under Rule 5 email service was not legally
effective because he refuses to explicitly accept service via email.
Nevertheless, he did file his response to my motion, based on what he
received via email.)

 

Due to the fact that he has already filed a response, do I need to file an
application for order shortening time for my being one day short on service,
when he has already responded? Will I waste the judge's time doing that, or
will he deny my motion for defective service despite having responded? Not
sure what my obligation here is. 

 

Is there an exception to the federal and local notice rules when the other
party files a response? 

 

Best regards,

HOLLY ROARK

Attorney at Law 

Certified Bankruptcy Specialist -

By the State Bar of California Board of Legal Specialization

 

ROARK LAW OFFICES

950 Bannock Street | 11th Floor | Boise, Idaho 83702

Phone:  (208) 536-3638 Fax: (310) 553-2601

E-mail:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com 

 

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