National Federation of the Blind et al v. Target Corporation

Filing 25

First MOTION for Leave to File Excess Pages for its opposition to NFB's Motion for Preliminary Injunction filed by Target Corporation. (Naeve, Robert) (Filed on 6/6/2006)

National Federation of the Blind et al v. Target Corporation

Doc. 25

Case 3:06-cv-01802-MHP

Document 25

Filed 06/06/2006

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ROBERT A. NAEVE (CA SBN 106095) [e-mail] MORRISON & FOERSTER LLP 19900 MacArthur Blvd. Irvine, California 92612-2445 Telephone: [phone] Facsimile: 949.251.0900 DAVID F. MCDOWELL (CA SBN 125806) SARVENAZ BAHAR (CA SBN 171556) MICHAEL J. BOSTROM (CA SBN 211778) [e-mail] [e-mail] [e-mail] MORRISON & FOERSTER LLP 555 West Fifth Street, Suite 3500 Los Angeles, California 90013-1024 Telephone: [phone] Facsimile: [phone] STUART C. PLUNKETT (CA SBN 187971) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant TARGET CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NATIONAL FEDERATION OF THE BLIND, the NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, on behalf of their members, and Bruce F. Sexton, on behalf of himself and all others similarly situated, Plaintiffs, Case No. C06-01802 MHP

23 v. 24 TARGET CORPORATION, 25 Defendant. 26 27 28

DEFENDANT TARGET CORPORATION'S UNOPPOSED MOTION FOR ADMINISTRATIVE RELIEF TO EXCEED PAGE LIMITATION FOR ITS OPPOSITION TO NFB'S MOTION FOR PRELIMINARY INJUNCTION [Local Rule 7-11]

TARGET'S MOTION TO EXCEED PAGE LIMITS IMPOSED BY LOCAL RULE 7-3 (Case No. 06-01802 MHP)
la-862151
Dockets.Justia.com

Case 3:06-cv-01802-MHP

Document 25

Filed 06/06/2006

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On May 8, 2006, Plaintiffs National Federation of the Blind, the National Federation of the Blind of California and Bruce Sexton ("NFB") filed a motion for preliminary injunction ("NFB's Motion") arguing that Defendant Target Corporation's ("Target") website violates Title III of the Americans with Disabilities Act, California's Unruh Civil Rights Act, and California's Blind and Other Physically Disabled Persons Act. Pursuant to Local Rule 7-3, Target's Opposition to NFB's Motion is limited to 25 pages.1 Target requests relief from Local Rule 7-3 so that it may file and serve an Opposition brief of up to 35 pages in length. Additional pages are needed for the following reasons: 1. NFB submitted eleven declarations in support of its Motion, including an expert

declaration. In light of the factual issues raised by the Motion, the parties agreed that Target should be entitled to depose NFB's witnesses before filing its Opposition Brief. Target has now deposed nine of the declarants. In order to fully address the factual issues raised by this testimony, as well as the legal issues raised by NFB's federal and state claims, Target needs more than the 25 pages allotted by Local Rule 7-3. 2. NFB's Motion asks this Court to issue a mandatory injunction requiring Target to

modify its website. Thus, NFB essentially seeks a full adjudication of its claims through its Motion. Target respectfully contends that it requires the additional pages to present the Court with a full and complete record to decide the factual and legal issues presented by NFB's Motion.

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Target's Opposition brief is due on June 12, 2006. 1

TARGET'S MOTION TO EXCEED PAGE LIMITS IMPOSED BY LOCAL RULE 7-3 (Case No. 06-01802 MHP)
la-862151

Case 3:06-cv-01802-MHP

Document 25

Filed 06/06/2006

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NFB has indicated that it will not oppose this Motion. Respectfully submitted, Dated: June 6, 2006 ROBERT A. NAEVE DAVID F. MCDOWELL STUART C. PLUNKETT SARVENAZ BAHAR MICHAEL J. BOSTROM MORRISON & FOERSTER LLP

By:

/s/ Robert A. Naeve Attorneys for Defendant TARGET CORPORATION

TARGET'S MOTION TO EXCEED PAGE LIMITS IMPOSED BY LOCAL RULE 7-3 (Case No. 06-01802 MHP)
la-862151

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