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)

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Judge O’Neill’s Standing Order is no longer applicable because the motion was reset before Judge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