Batts v. Bankers Life & Casualty Company

Filing 68

ORDER TO SHOW CAUSE (Illston, Susan) (Filed on 12/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TIMOTHY BATTS,

Case No. 13-cv-04394-SI

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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BANKERS LIFE & CASUALTY
COMPANY,
Defendant.

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United States District Court
Northern District of California

Re: Dkt. No. 67

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On August 14, 2013, plaintiff filed a complaint against Bankers Life in Alameda Superior

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Court, alleging causes of action for: (1) breach of contract, (2) fraud, and (3) intentional

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interference with a prospective economic advantage. Compl. at 3-6. On September 23, 2013,

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defendant removed the action from state court to this Court pursuant to 28 U.S.C. § 1441 on the

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basis of diversity jurisdiction. Docket No. 1, Notice of Removal.

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On November 6, 2013 the Court granted defendant’s motion for a more definite statement

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and granted plaintiff leave to amend. Docket No. 22. On December 6, 2013 plaintiff filed his first
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amended complaint, alleging the same three causes of action as the original complaint. Docket

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No. 24, FAC. On January 27, 2014 the Court granted in part, and denied in part defendant’s

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motion to dismiss the FAC. Docket No. 31. On February 21, 2014 plaintiff filed the second

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amended complaint; Docket No. 41, SAC, and on March 7, 2014, defendant filed an answer.

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Docket No. 42.
A hearing is currently set for January 16, 2015 regarding defendant’s motion for summary

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judgment; the matter has been fully briefed by the parties. Docket No. 61. Now before the Court is

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defendant’s motion for request for leave to file an objection to a declaration filed by plaintiff.

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Docket No. 67. The declaration was filed by plaintiff on November 24, 2014 – ten days after

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plaintiff’s opposition brief, and three days after defendant’s reply brief was submitted. Defendant

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contends that that plaintiff’s declaration was filed late in violation of Civil Local Rule 7-3(d), and
should therefore not be considered for purposes of ruling on its motion for summary judgment.

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The Court ORDERS plaintiff to show cause, in writing to be filed no later than

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January 5, 2015, why his declaration was not filed in compliance with the local rules and

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should not be stricken.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: December 29, 2014
______________________________________
SUSAN ILLSTON
United States District Judge

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