Laurie Munning v. The Gap, Inc. et al
Filing
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ORDER Granting Defendants' Motion to Strike 53 Plaintiff's Notice of Supplemental Authority. Signed by Judge Thelton E. Henderson on 2/22/17. (tehlc2, COURT STAFF) (Filed on 2/22/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LAURIE MUNNING,
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Plaintiff,
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v.
THE GAP, INC., et al.,
Defendants.
Case No. 16-cv-03804-TEH
ORDER GRANTING DEFENDANTS'
MOTION TO STRIKE PLAINTIFF'S
NOTICE OF SUPPLEMENTAL
AUTHORITY
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The Court is in receipt of Plaintiff’s Notice of Supplemental Authority (ECF No.
United States District Court
Northern District of California
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53), and Defendants’ Motion to Strike Plaintiff’s Notice of Supplemental Authority (ECF
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No. 54). After carefully considering the parties’ briefs, the Court GRANTS Defendants’
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motion to strike Plaintiff’s supplemental authority.
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DISCUSSION
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Plaintiff’s submission of supplemental authority clearly violates Civil Local Rule 7-
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3(d). This rule states that “[o]nce a reply is filed, no additional memoranda, papers or
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letters may be filed without prior court approval,” except under limited circumstances.
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Civil Local Rule 7-3(d)(2) outlines the exception relevant to this case:
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Before the noticed hearing date, counsel may bring to the
Court’s attention a relevant judicial opinion published after the
date the opposition or reply was filed by filing and serving a
Statement of Recent Decision, containing a citation to and
providing a copy of the new opinion – without argument.
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However, here, as Defendants properly point out, Plaintiff’s notice came after the motion’s
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hearing date. Also, by stating the reasons for presenting the new decision, the Plaintiff’s
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notice included more than a mere citation and a copy of the new opinion. Therefore, the
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Court is obliged to strike the supplemental authority as it was untimely and contained
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unauthorized argument.
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Even assuming the Plaintiff’s submission was in accordance with the Local Rules,
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the Plaintiff’s supplemental authority adds nothing of value to the Court’s reasoned
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decision, which shall be issued shortly.
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CONCLUSION
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For the reasons stated above, Defendants’ Motion to Strike Plaintiff’s Notice of
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Supplemental Authority is GRANTED.
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IT IS SO ORDERED.
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Dated: 2/22/17
_____________________________________
THELTON E. HENDERSON
United States District Judge
United States District Court
Northern District of California
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