Banga v. Experian Information Solutions et al

Filing 251

ORDER by Judge Saundra Brown Armstrong GRANTING 198 Motion to Strike. Plaintiff's Opposition shall be REMOVED from the docket. (lrc, COURT STAFF) (Filed on 12/28/2009) Modified on 12/30/2009 (jlm, COURT STAFF).

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GREGORY P. DRESSER (CA SBN 136532) [e-mail] SARAH E. GRISWOLD (CA SBN 240326) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Attorneys for Defendant KOHL'S DEPARTMENT STORES, INC. erroneously sued as "KOHLS"

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION KAMLESH BANGA, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS; KOHLS; FIRST USA, NA, and Does 1 through 10 inclusive, Defendants. Case No. 4:08-cv-04147 SBA

ORDER GRANTING DEFENDANT KOHL'S DEPARTMENT STORES, INC.'S EVIDENTIARY OBJECTIONS TO AND MOTION TO STRIKE PORTIONS OF THE DECLARATION OF KAMLESH BANGA IN SUPPORT OF PLAINTIFF'S OPPOSITION DEFENDANT KOHL'S' MOTION FOR SUMMARY JUDGMENT AND PORTIONS OF PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO KOHL'S' MOTION FOR SUMMARY JUDGMENT Date: September 22, 2009 Time: 1:00 p.m. Crtrm: 3 Hon. Saundra B. Armstrong Complaint Filed: August 29, 2008 Trial Date: November 9, 2009

[PROPOSED] ORDER GRANTING KOHL'S' EVIDENTIARY OBJECTIONS & MOT. TO STRIKE CASE NO. 3:08-CV-04147 SBA sf-2736579

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Defendant Kohl's Department Stores, Inc. moved the Court pursuant to pursuant to Civil Local Rule 7-5(b), and ADR Local Rules 5-12 and 5-8(b) for an striking portions of the Declaration of Kamlesh Banga in Support of Plaintiff's Opposition to Defendant Kohl's' Motion for Summary Judgment, or in the Alternative, for Summary Adjudication ("Banga Declaration") and portions of Plaintiff's Memorandum of Points and Authorities in Opposition to Kohl's' Motion for Summary Judgment (Plaintiff's Opposition). Having considered all papers submitted in support of and in opposition to defendant's motion, other pleadings and papers on file herein, and the oral argument, the Court hereby GRANTS Defendant's motion. Exhibit C of the Banga Declaration is HEREBY STRICKEN. The discussion of Kohl's' Written ENE Statement in Plaintiff's Opposition is HEREBY STRICKEN. In particular, the text of Plaintiff's Opposition from page 2, line 26 to page 3, line 4 and from page 9, line 9 to page 9, line 14 is HEREBY STRICKEN. Plaintiff's Opposition shall be removed from the docket. A revised version of Plaintiff's Opposition shall be filed in which the discussion of Kohl's Written ENE Statement from page 2, line 26 to page 3, line 4 and from page 9, line 9 to page 9, line 14 is stricken. IT IS SO ORDERED. Dated: 12/21/09 By: Honorable Saundra B. Armstrong

[PROPOSED] ORDER GRANTING KOHL'S' EVIDENTIARY OBJECTIONS & MOT. TO STRIKE CASE NO. 3:08-CV-04147 SBA sf-2736579

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA BANGA et al, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS ET AL et al, Defendant. / Case Number: CV08-04147 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 28, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Kamlesh Banga P.O. Box 6025 Vallejo, CA 94591 Dated: December 28, 2009

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

[PROPOSED] ORDER GRANTING KOHL'S' EVIDENTIARY OBJECTIONS & MOT. TO STRIKE CASE NO. 3:08-CV-04147 SBA sf-2736579

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