Laurie Munning v. The Gap, Inc. et al

Filing 55

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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 LAURIE MUNNING, 5 Plaintiff, 6 7 8 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 9 10 The Court is in receipt of Plaintiff’s Notice of Supplemental Authority (ECF No. United States District Court Northern District of California 11 53), and Defendants’ Motion to Strike Plaintiff’s Notice of Supplemental Authority (ECF 12 No. 54). After carefully considering the parties’ briefs, the Court GRANTS Defendants’ 13 motion to strike Plaintiff’s supplemental authority. 14 DISCUSSION 15 Plaintiff’s submission of supplemental authority clearly violates Civil Local Rule 7- 16 3(d). This rule states that “[o]nce a reply is filed, no additional memoranda, papers or 17 letters may be filed without prior court approval,” except under limited circumstances. 18 Civil Local Rule 7-3(d)(2) outlines the exception relevant to this case: 19 21 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. 22 However, here, as Defendants properly point out, Plaintiff’s notice came after the motion’s 23 hearing date. Also, by stating the reasons for presenting the new decision, the Plaintiff’s 24 notice included more than a mere citation and a copy of the new opinion. Therefore, the 25 Court is obliged to strike the supplemental authority as it was untimely and contained 26 unauthorized argument. 20 27 28 1 Even assuming the Plaintiff’s submission was in accordance with the Local Rules, 2 the Plaintiff’s supplemental authority adds nothing of value to the Court’s reasoned 3 decision, which shall be issued shortly. 4 CONCLUSION 5 For the reasons stated above, Defendants’ Motion to Strike Plaintiff’s Notice of 6 Supplemental Authority is GRANTED. 7 IT IS SO ORDERED. 8 9 10 Dated: 2/22/17 _____________________________________ THELTON E. HENDERSON United States District Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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