Sanchez v. State of California et al

Filing 255

ORDER DENYING APPLICATION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN EXCESS OF TWENTY-FIVE PAGES. Signed by Magistrate Judge Stanley A. Boone on 11/6/2015. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IRMA B. SANCHEZ,
Plaintiff,

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Case No. 1:12-cv-01835-SAB
ORDER DENYING APPLICATION FOR
LEAVE TO FILE SUPPLEMENTAL BRIEF
IN EXCESS OF TWENTY-FIVE PAGES

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION
and SYDNEY SMYTH,

(ECF No. 254)

Defendants.

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On July 6, 2015, the Court granted in part Defendants’ request to file an oversize brief for

19 their motion for a new trial. On July 10, 2015, Defendants filed a thirty-five page memorandum
20 of points and authorities in support of their motion for a new trial. The motion generally argued
21 that there was no evidence to support the verdict or damages at trial. While Defendants set forth
22 arguments regarding the testimony at trial, no transcripts were provided to support the
23 arguments. Accordingly, the Court ordered Defendants to file supplemental briefing specifying
24 the specific testimony that supported their arguments.
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On November 5, 2015, Defendants filed an application for leave to file a supplemental

26 memorandum in excess of twenty-five pages. The briefing which is currently due is merely for
27 Defendants to provide citations to the record which support their arguments in the memorandum
28 filed on July 10, 2015.

The Court finds that there is no justification for a supplemental

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1 memorandum in excess of twenty five pages. If Defendants choose to file a supplemental brief,
2 it may not exceed ten pages in length.
If Defendants wish to file an amended points and authorities in support of the motion for

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4 new trial, the Court will disregard the points and authorities filed July 10, 2015 and consider only
5 the amended memorandum. In that instance, Defendants’ may file a thirty-five page brief.
Accordingly, IT IS HEREBY ORDERED that Defendants’ application to file an oversize

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7 brief is DENIED, and Defendants’ supplemental brief may not exceed ten-pages in length.
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IT IS SO ORDERED.

10 Dated:

November 6, 2015
UNITED STATES MAGISTRATE JUDGE

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