If a hearing is deemed unnecessary, the court may strike the motion for lack of prosecution or rule on it without a hearing. There is no filing fee for a motion, even for a motion for permission to file a late claim.Absent a timely motion, the filing person must file the item within seven days after expiration of the fourteen days. In your case, you can file a motion to strike their pleading, based on the late filing. Plaintiffs did not file their opposition until January 24, 2003, 16 days later, thus exceeding the filing deadline. To avoid a nonparty's production of documents without deposition, the party must actually file an "objection. Denying its motion for late entry of appearance and its motion to strike default. The failure to file a timely motion for a protective order or to limit discovery may result in a waiver. Either side can make a motion for summary judgment after an Answer has been filed in the case. Plaintiff did not file his motion to strike until February 28, 2009, thus 11 days late. Although.