Butterworth v. American Eagle Outfitters #00068

Filing 15

ORDER GRANTING 14 Joint Motion for Leave to Exceed the Page Limitation for Defendant's Brief in Opposition to Plaintiff's 10 Motion to Remand and Plaintiff's Reply Brief signed by Magistrate Judge Dennis L. Beck on 9/19/2011. (Figueroa, O)

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MICHAEL G. LEGGIERI, Bar No. 253791
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Telephone:
916.730.7200
Facsimile:
916.848.0200

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LEE J. HUTTON, Ohio Bar No. 0006794
Admitted pro hac vice
TIMOTHY S. ANDERSON, Ohio Bar No. 0071593
Admitted pro hac vice
LITTLER MENDELSON, P.C.
1100 Superior Avenue, 20th Floor
Cleveland, OH 44114
Telephone:
216.696.7600
Facsimile:
216.696.2038

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Attorneys for Defendant
AMERICAN EAGLE OUTFITTERS, INC.
RAUL PEREZ, Bar No. 174687
MELISSA GRANT, Bar No. 205633
SUZY E. LEE, Bar No. 271120
INITIATIVE LEGAL GROUP, A.P.C.
1800 Century Park East, Second Floor
Los Angeles, CA 90067
Telephone:
310.556.5637
Facsimile:
310.861.9051

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Attorneys for Plaintiff
BRIAN BUTTERWORTH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN BUTTERWORTH, individually, and
on behalf of all other members of the general
public similarly situated,

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Plaintiff,

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v.

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Case No. 1:11-cv-01203-LJO-DLB
ORDER GRANTING JOINT MOTION
FOR LEAVE TO EXCEED THE PAGE
LIMITATION FOR DEFENDANT’S
BRIEF IN OPPOSITION TO
PLAINTIFF’S MOTION TO REMAND
AND PLAINTIFF’S REPLY BRIEF

AMERICAN EAGLE OUTFITTERS, INC.,
a Delaware Corporation; and DOES 1
through 10, inclusive,

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Defendants.

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LITTLE R MEND ELSO N, P .C .
A PROF E S SION AL C ORP OR A TION
1100 Superior Avenue
20th Floor
Cleveland, OH 44114
216.696.7600

[PROPOSED] ORDER

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On September 14, 2011, Pursuant to the Standing Order in All Civil Cases Assigned to

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District Judge Lawrence J. O’Neill, Plaintiff Brian Butterworth (“Plaintiff”) and Defendant

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American Eagle Outfitters, Inc. (“American Eagle”) filed a joint motion for leave to exceed the 25

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page limitation set forth in the Court’s Standing Order with respect to American Eagle’s Brief in

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Opposition to Plaintiff’s Motion to Remand for Lack of Subject Matter Jurisdiction and to exceed the

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ten page limitation set forth in the Court’s Standing Order with respect to Reply Brief in Support of

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Plaintiff’s Motion to Remand. American Eagle believes that absent a five-page enlargement of the

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page limit to thirty pages, it will not be able to adequately present its Opposition and will be forced

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to leave fundamental issues necessary to the Court’s proper understanding and resolution of the

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motion to remain unaddressed. Plaintiff and American Eagle also jointly moved this Court for a five

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page extension of the page limitation with respect to Plaintiff’s reply brief, such that Plaintiff can

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address the arguments set forth in American Eagle’s extended brief.

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Good cause appearing, the joint motion is GRANTED. It is hereby ordered:

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1.

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Remand for Lack of Subject Matter Jurisdiction not to exceed thirty (30) pages; and

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American Eagle is granted leave to file a Brief in Opposition to Plaintiff’s Motion to

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Plaintiff is granted leave to file a Reply Brief in Support of Plaintiff’s Motion to

Remand not to exceed fifteen (15) pages.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

September 19, 2011

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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3b142a
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LITTLE R MEND ELSO N, P .C .
A PROF E S SION AL C ORP OR A TION
1100 Superior Avenue
20th Floor
Cleveland, OH 44114
216.696.7600

L. Beck

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[PROPOSED] ORDER