Ross v. Independent Living Resource of Contra Costa County

Filing 102

ORDER re 101 Objection to Reply Brief filed by Derrick Ross; ORDER TO SHOW CAUSE, Order to Show Cause Hearing set for 7/12/2010 10:00 AM. Show Cause Response due by 7/6/2010. Signed by Judge Thelton E. Henderson on 6/18/10.(tehlc4, COURT STAFF) (Filed on 6/18/2010)

1 2 3 4 5 6 7 8 9 10 v. INDEPENDENT LIVING RESOURCE OF CONTRA COSTA COUNTY, Defendant. DERRICK ROSS, Plaintiff, NO. C08-00854 TEH ORDER RE PLAINTIFF'S OBJECTION TO DEFENDANT'S REPLY BRIEF AND ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

12 13 The Court is in receipt of Plaintiff's objection to Defendant's reply brief in support of

14 its motion for summary judgment. Civil Local Rule 7.4(b) imposes a 15-page limit on the 15 length of reply briefs and requires parties to seek permission of the Court to exceed that limit. 16 Defendant's reply brief is 30 pages in length. Its opening brief, in contrast, was 22 pages, 17 and Plaintiff's opposition numbered 19 pages. Defendant never sought leave of this Court to 18 file a reply brief of this size. Plaintiff argues in his objection that he is prejudiced by the 19 filing of reply brief double the length permitted by the local rules. 20 The Court agrees that Plaintiff could be prejudiced by the Court's reliance on

21 Defendant's reply brief, which was filed in defiance of the local rules and without 22 justification. Therefore, for good cause appearing, the Court STRIKES the last 15 pages of 23 Defendant's reply brief from the record. Defendant shall have until Thursday, June 24, 24 2010, to file an amended reply brief that conforms to the local rules. If an amended reply 25 brief is not filed by that date, the Court will consider only the first 15 pages of the reply brief 26 currently on file. 27 28

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The Court hereby VACATES the hearing on Defendant's motion for summary

2 judgment currently scheduled for June 28, 2010. The hearing shall be held on Monday, July 3 12, 2010, at 10:00 a.m. 4 IT IS FURTHER ORDERED THAT Defendant's counsel shall show cause as to why

5 sanctions should not be imposed for the failure to abide by the local rules. The show cause 6 hearing shall be held on Monday, July 12, 2010, at 10:00 a.m. in Courtroom 12, 450 7 Golden Gate Avenue, San Francisco, California. If Defendant's counsel wishes to file a 8 written response, he must do so on or before Tuesday, July 6, 2010. 9 10 IT IS SO ORDERED.

United States District Court

11
For the Northern District of California

12 Dated: 6/18/10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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