Banga v. Ameriprise Auto & Home Insurance Agency

Filing 163

ORDER signed by Magistrate Judge Allison Claire on 11/16/2021 DENYING 155 & 159 Motions to file an Overlength Brief and DENYING 160 Motion for Sanctions for failure to comply with the undersigned's filing requirements. (Coll, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KAMLESH BANGA, 12 13 14 15 No. 2:18-cv-01072 MCE AC Plaintiff, v. ORDER AMERIPRISE AUTO & HOME INSURANCE AGENCY, et al., Defendants. 16 17 18 On September 16, 2021, plaintiff filed a motion to exceed the court’s page limit 19 requirements to file a motion for sanctions. ECF No. 155. Plaintiff estimated that she would 20 need 35 pages instead of 25, asserting the additional pages were necessary because she was 21 requesting sanctions against both defendants in one motion. Id. at 2. On October 13, 2021, 22 plaintiff filed a second motion to exceed the page limit to file a motion for sanctions, this time 23 stating that she had underestimated her needs and would require 45 pages rather than 35. ECF 24 No. 159. As justification for the extra pages, she stated she “believes that a fully explained 25 motion for sanctions will encourage defendants to withdraw all the offending materials from their 26 pleadings and ultimately it would save the judicial resources.” Id. at 2. On November 4, 2021, 27 plaintiff filed a 45-page motion for sanctions, accompanied by a 268-page declaration. ECF Nos. 28 160-1, 160-2. 1 1 The undersigned’s standing orders, which are readily available on the court’s website, 2 limit motion briefing in the non-joint statement context to 20 pages.1 Neither of plaintiff’s 3 motions to exceed the page limit have merit. Her hope that an over-length motion will cause 4 defendants to withdraw some of their arguments and/or filings is not sufficient. The motions to 5 file an overlength brief (ECF Nos. 155 and 159) are therefore DENIED. The motion for 6 sanctions (ECF No. 160) is likewise DENIED for failure to comply with the undersigned’s filing 7 requirements. 8 IT IS SO ORDERED. 9 DATED: November 16, 2021 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistratejudge-allison-claire-ac/ 2

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