Watts v. Allstate Indemnity Company et al

Filing 385

ORDER signed by Judge Lawrence K. Karlton on 11/30/2012 ORDERING that Plaintiff's 376 Ex Parte Application for Leave to File Overlength Response is DENIED. Defendants' 349 Objections to and Motion to Strike Portions of the Declaratio n of Sandy Browne Filed in Support of Plaintiff's Motion for Class Certification is STRICKEN in its entirety. Defendants are GRANTED LEAVE to file a new version of this document no later than 12/10/2012; this document may be no longer than th irty (30) pages in length. Oppositions to any outstanding unopposed motions must be FILED no later than 12/15/2012. Replies to any outstanding oppositions must be FILED no later than 12/31/2012. A hearing on plaintiff's motion for class certif ication (including the various motions to strike) and defendants' motion to compel appraisal and stay this action is SET for Monday, 1/14/2013 at 10:00 A.M. in Courtroom 4. The court has not yet ascertained whether an evidentiary hearing will be necessary to decide the issue of class certification. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT WATTS, on behalf
of himself individually and
all others similarly situated,
NO. CIV. S-08-1877 LKK/GGH

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Plaintiff,
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v.

O R D E R

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ALLSTATE INDEMNITY CO.,
an Illinois corporation, et al.,

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Defendants.
/

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Defendants previously filed a document entitled “Objections

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to and Motion to Strike Portions of the Declaration of Sandy Browne

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Filed in Support of Plaintiff’s Motion for Class Certification,”

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consisting

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evidentiary objections attached as an exhibit. (ECF No. 349.)

of

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pages

of

briefing

and

a

17

page

chart

of

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Plaintiff has now filed an ex parte application seeking leave

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to file a 45 page opposition brief to defendants’ motion; the

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proposed brief includes as an exhibit a 44 page chart of responses

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to defendants’ evidentiary objections. (ECF No. 376.)
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As

plaintiff’s

counsel

correctly

notes

in

its

Ex

Parte

Application, the court’s procedures provide as follows:
Unless prior permission has been granted, memorandum of
law and support of and in opposition to motions are
limited to thirty (30) pages, and reply memorandum are
limited to fifteen (15) pages. The parties are also
cautioned against filing multiple briefs to circumvent
this rule.

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Defendants’ Objections (ECF No. 349) and plaintiff’s proposed

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Response thereto (ECF No. 377) both violate this rule. The charts

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of evidentiary objections/responses, which consist largely of legal

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argument, count as part of the page limit.
The

parties

should

keep

in

mind

that

all

evidentiary

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objections are not created equal. The court has a finite amount of

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time and attention that it can devote to any matter. While a

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competent

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evidentiary objections to a given declaration, each additional

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objection decreases the time and attention that the court can

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devote to evaluating those that are truly meritorious and may be

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dispositive of an issue.

attorney

can

no

doubt

find

and

raise

innumerable

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The parties are also reminded that the June 12, 2012 Order

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herein provides that the court “will look with disfavor upon

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pointless

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certification.” (ECF No. 308.)

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disputes

over

matters

not

central

to

class

Turning to the docket herein, it appears that the matters
pending before the court are:
•

Plaintiff’s

motion

for

class

certification.

(ECF

No. 313.) Defendants have filed an opposition, and a
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request for an evidentiary hearing. (ECF No. 335.)

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Plaintiff

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defendants’ request for an evidentiary hearing. (ECF No.

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366.)

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•

has

filed

a

reply,

and

an

opposition

to

Defendants’ motion to compel appraisal and stay action.

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(ECF No. 352.) Plaintiff has filed an opposition (ECF

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No.

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No. 382).

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•

375),

and

defendants

have

filed

a

reply

(ECF

Defendants’ request to seal certain documents. (ECF

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No.

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No. 333, 334.)

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•

328.)

Plaintiff

has

filed

an

opposition.

(ECF

Defendants’ motion to strike and objections to the

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declaration of Reed F. Simpson in support of the motion

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for class certification. (ECF No. 350.) Plaintiff has

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filed an opposition (ECF No. 364), and defendants have

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filed a reply (ECF No. 381).

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•

Defendants’ motion to strike and objections to the

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declaration of James Mathis in support of the motion for

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class certification. (ECF No. 351.) Plaintiff has filed

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an opposition (ECF No. 361), and defendants have filed

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a reply (ECF No. 384).

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•

Plaintiff’s motion to strike and objections to the

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declaration of Tony Passwater in opposition to the

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motion for class certification. (ECF No. 362.)

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•

Plaintiff’s motion to strike and objections to the
declaration of Omar Menifee in opposition to the motion
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for class certification. (ECF No. 363.)
•

Plaintiff’s motion to strike and objections to the

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declaration of Daniel Davee in opposition to the motion

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for class certification. (ECF No. 370.)

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•

Plaintiff’s motion to strike and objections to the

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declaration of Robert C. Lange in opposition to the

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motion for class certification. (ECF No. 371.)

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Accordingly, the court hereby orders as follows:

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[1]

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Plaintiff’s

Ex

Parte

Application

for

Leave

to

File

Overlength Response (ECF No. 376) is DENIED.

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[2} Defendants’ Objections to and Motion to Strike Portions

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of the Declaration of Sandy Browne Filed in Support of Plaintiff’s

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Motion for Class Certification (ECF No. 349) is STRICKEN in its

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entirety. Defendants are granted LEAVE to file a new version of

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this document no later than December 10, 2012; this document may

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be no longer than thirty (30) pages in length. If defendants file

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a new version of this document, plaintiff may file an opposition

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thereto no later than December 21, 2012; this document may be no

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longer than thirty (30) pages in length. If plaintiff files an

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opposition, defendants may file a reply thereto no later than

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December 31, 2012; this document may be no longer than fifteen (15)

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pages in length.

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[3] Oppositions to any outstanding unopposed motions must be
FILED no later than December 15, 2012.

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[4] Replies to any outstanding oppositions must be FILED no

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later than December 31, 2012. Counsel are urged to file reply
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briefs only if necessary and are warned that the raising of

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arguments for the first time in reply briefs will be grounds for

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substantial monetary sanctions.

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[5] A hearing on plaintiff’s motion for class certification

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(including the various motions to strike) and defendants’ motion

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to compel appraisal and stay this action is SET for Monday, January

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14, 2013 at 10:00 A.M. in Courtroom 4. The court has not yet

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ascertained whether an evidentiary hearing will be necessary to

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decide the issue of class certification.

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IT IS SO ORDERED.

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DATED:

November 30, 2012.

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