Goodman Ball, Inc. v. Clear Water USA, Inc. et al

Filing 116

ORDER by Magistrate Judge Bernard Zimmerman finding as moot 111 Motion to Strike (bzsec, COURT STAFF) (Filed on 8/17/2009)

Arthur H. Barens (SBN 043215) [e-mail] Joe Hariton (SNB 133994) [e-mail] LAW OFFICES OF ARTHUR H. BARENS 10209 Santa Monica Blvd. Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone] John E. Johnson (Florida Bar No. 593000) [e-mail] Janelle A. Weber (Florida Bar No. 017630) [e-mail] SHUTTS & BOWEN LLP 100 S. Ashley Drive, Suite 1500 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Admitted Pro Hac Vice Attorneys for Defendants, MACH II AVIATION, INC. & ESCAPE VELOCITY OF TAMPA BAY, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GOODMAN BALL, INC., Plaintiff, Case No. 3:07-cv-01148-BZ DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S UNAUTHORIZED SURREPLY v. MACH II AVIATION, INC., and ESCAPE VELOCITY OF TAMPA BAY, INC., Defendants. / The Honorable Bernard Zimmerman No Hearing Scheduled

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Case No. 3:07-cv-01147-BZ DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S UNAUTHORIZED SUR-REPLY

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MEMORANDUM AND POINTS OF AUTHORITY Defendants, Mach II Aviation, Inc. ("Mach II") and Escape Velocity of Tampa Bay, Inc. ("Escape Velocity") (together, "Defendants"), file this Motion to Strike Plaintiff, Goodman Ball, Inc.'s ("GBI"), Unauthorized Sur-Reply. I. BACKGROUND On December 3, 2008, GBI filed a Motion to Reopen the Case. (Doc. 84). On January 6, 2009, the Court granted GBI's motion. (Doc. 85). On May 1, 2009, Defendants filed their Motion for Relief from Order Granting Plaintiff's Motion to Reopen Case. (Doc. 96). GBI filed its Opposition on May 15, 2009. (Doc. 102). On May 29, 2009, Defendants filed their Reply to GBI's Opposition to Defendants' Motion for Relief from Order Granting Plaintiff's Motion to Reopen Case. (Doc. 106). On June 4, 2009, GBI filed its Request for Leave to File Sur-Reply, attaching the Sur-Reply as Exhibit A. (Doc. 106). II. ARGUMENT Civil Local Rule 7-3(d) provides that "once a reply is filed, no additional memoranda, papers or letters may be filed without prior Court approval." Defendants filed their Reply on May 29, 2009, and GBI filed its Request for Leave to File Sur-Reply on June 4, 2009. By attaching the Sur-Reply as an exhibit to GBI's Request for Leave to File Sur-Reply, GBI filed additional memoranda without first obtaining Court approval. Accordingly, GBI violated Civil Local Rule 7-3(d).

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Case No. 3:07-cv-01147-BZ DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S UNAUTHORIZED SUR-REPLY

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III.

CONCLUSION Defendants respectfully request that this Court strike GBI's Sur-Reply attached as

Exhibit A to GBI's Request for Leave to File Sur-Reply. Respectfully submitted, SHUTTS & BOWEN LLP /S/Janelle A. Weber Janelle A. Weber

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Case No. 3:07-cv-01147-BZ DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S UNAUTHORIZED SUR-REPLY

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PROPOSED ORDER

This Court having considered the foregoing motion, hereby grants Defendants' Motion to Strike Plaintiff's Unauthorized Sur-Reply. IT IS SO ORDERED.

_____________________________ Honorable Bernard Zimmerman United State Magistrate Judge

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Case No. 3:07-cv-01147-BZ DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S UNAUTHORIZED SUR-REPLY

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DECLARATION OF JANELLE A. WEBER I, JANELLE A. WEBER, declare as follows: 1. I am an attorney at law duly admitted to practice pro hac vice before the United States District Court for the Northern District of California and duly admitted to practice before the courts of the State of Florida and State of New York. I am an attorney of record for Defendants, Mach II Aviation, Inc. and Escape Velocity of Tampa Bay, Inc. in the above-captioned matter. I make this declaration in support of Defendants' Motion to Strike Plaintiff's Unauthorized Sur-Reply. I have personal knowledge of the matters set forth herein and, if called as a witness, I could and would competently testify thereto. I declare under penalty of perjury that the foregoing is true and correct. Dated: June 5, 2009 /S/ Janelle A. Weber Janelle A. Weber

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Case No. 3:07-cv-01147-BZ DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S UNAUTHORIZED SUR-REPLY

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CERTIFICATE OF SERVICE I, JANELLE A. WEBER, certify under penalty of perjury that the foregoing was served on the interested parties below, via the Court's Electronic Case Filing Program and/or United States Mail on June 5, 2009. /S/ Janelle A. Weber Janelle A. Weber SHUTTS & BOWEN LLP John E. Johnson (Florida Bar No. 593000) [e-mail] Janelle A. Weber (Florida Bar No. 017630) [e-mail] 100 S. Ashley Drive, Suite 1500 Tampa, FL 33602 Telephone: [phone] Facsimile: [phone] Admitted Pro Hac Vice Attorneys for Defendants, Mach II Aviation, Inc. and Escape Velocity of Tampa Bay, Inc. Michael M. Ahmadshahi, Esq. Shana L. Villoria, Esq. Law Offices of Michael M. Ahmadshahi, A.P.C. 600 Anton Blvd., Ste. 1100 Costa Mesa, CA 92626 Attorneys for Plaintiff

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Case No. 3:07-cv-01147-BZ DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S UNAUTHORIZED SUR-REPLY