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headnote: Eastern Service Centers, Inc. v. Cl overland Farms Dairy, Inc., et al., No. 1814, September Term 1998. CIVIL PROCEDURE ADVISORY POWER Circuit court did not err in revising the date of judgment

BOMBER v. FOSTER & SONS, LTD., 796 F.3d 1310 (6th Cir. 2015). Court did not err in determining that it was required to accept pleadings, at the very least when a party seeks to submit additional documents to the court that, had they been required to be submitted to the court, would have been rejected as untimely. A party is entitled to the convenience and expediency afforded by the courts and to the protection of the court's discovery rules. See In re W.R., 786 F.3d 1242 (6th Cir. 2015). For example, Rule 12(b)(6), which requires that a court hold an additional hearing to consider an untimely motion to strike during the pendency of a case, does not require a new hearing when a party submits to the courts case file a motion to strike in an effort to delay the filing of certain documents, as the plaintiff submits new documents to the court. This is true even before the plaintiff files a new motion for summary judgment (the standard of proof under Maryland Rule 12(b)(6) “must be rebutted and the plaintiff must demonstrate a genuine issue for trial”). A party who submits documents to the court but does not file additional documents to the court's case file does not automatically waive this right to be heard on the untimely motion. Under that rule, in a subsequent motion for summary judgment, the defendant is not required to establish the existence of new evidence to overcome the presumption that the plaintiff has exhausted any discovery opportunities in respect to an untimely motion to strike. See Broussard v. City of Baltimore, Inc., 623 F.3d 1068 (6th Cir. 2010). The court may order a party to file new documents only if the new documents meet the requirements of Maryland Rule 12(b)(7). See also In re L.H., 789 F.3d 1094 (4th Cir. 2015) (stating that “a new discovery motion is timely when the party demonstrates to the court that [it] has filed the new evidence within the time required by Rule 12(b)(7)”; the court may also order a new discovery motion at any time within the 180-day period from the date the motion was filed), overruled on other grounds in re C.N., 799 F.3d 1113 (4th Cir. 2015).

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