Hours-Late Motion for Summary Determination Rejected

The ALJ denied respondent leave to file its motion for summary determination late even though the motion was filed only a few hours after the deadline. "[Respondent] states that the filing was late because counsel mistakenly believed that the filing deadline was 11:59 p.m. ET, even though counsel acknowledges that the ITC Handbook on Filing Procedures clearly states the following: '. . .the Secretary will consider the document timely filed electronically only if the user has 'clicked' the 'Confirm' button on the final confirmation page for electronic submission by 5:15:59 p.m., eastern time, on the day that the document is due to be filed. . . .' Counsel’s mistaken belief about the filing deadline does not constitute the good cause necessary to accept the late filing. Attorneys practicing before the ITC are expected to know all of the applicable rules of practice."

Digital Photo Frames and Image Display Devices and Components Thereof, 337-TA-807 (ITC July 19, 2012, Order) (Rogers, ALJ).