Clayton v. Knight Transportation, Inc.

Filing 32

ORDER DENYING 30 Request to Strike, signed by Magistrate Judge Dennis L. Beck on 6/8/2012. (Figueroa, O)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 DON CLAYTON, 11 12 13 14 15 16 ) ) ) ) Plaintiff, ) ) vs. ) ) KNIGHT TRANSPORTATION, INC., ) ) ) Defendant. ) ____________________________________) 1:11cv0735 LJO DLB ORDER DENYING REQUEST TO STRIKE (Document 30) 17 Plaintiff Don Clayton (“Plaintiff”) filed a motion to certify the class on April 20, 2012. The 18 matter was originally set before the Honorable Lawrence J. O’Neill, United States District Court 19 Judge. The matter was reset before the Honorable Dennis L. Beck, United States Magistrate Judge 20 on April 24, 2012. The hearing is currently set for June 15, 2012. 21 On June 4, 2012, Plaintiff filed a request to strike Defendant’s June 1, 2012, opposition to the 22 motion as oversized. In support, Plaintiff cites Judge O’Neill’s Standing Order, which prohibits 23 briefs exceeding 25 pages without Court permission. 24 Defendant filed a reply to the request to strike on June 4, 2012, correctly pointing out that 25 Judge O’Neill’s Standing Order is no longer applicable because the motion was reset before Judge 26 Beck. Judge Beck has no such limitations, though the Court is aware that a longer brief is not 27 28 1 1 necessarily a superior brief. 2 3 Accordingly, the request to strike is DENIED. IT IS SO ORDERED. Dated: 4 3b142a June 8, 2012 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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