craigslist, Inc. v. Johnson et al

Filing 19

ORDER re 14 MOTION to Dismiss filed by Roman Hossain. Signed by Judge Hamilton on 2/19/2009. (pjhlc1, COURT STAFF) (Filed on 2/19/2009)

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

11
For the Northern District of California

CRAIGSLIST, INC. Plaintiff, v. BRAD JOHNSON, et al., Defendants. _______________________________/ The court is in receipt of a request from defendant Roman Hossain for leave to file a brief in excess of 25 pages in support of his motion to dismiss and alternative motion for a more definite statement. While the court will not ordinarily permit the filing of an oversized brief in support of a Rule 12(b)(6) motion, the request will, in this instance, be GRANTED. The court notes that the brief is written in 13-point font (as opposed to the minimum 12point font required under Civil Local Rule 3-4(c)(2)), and that the text of the memorandum of points and authorities does not begin until page 9 of the brief.1 The court also cautions the parties, however, that compliance with the Local Rules is essential. In particular, for purposes of the present request, Rule 7-4(b) requires that before an oversized brief may be filed, the party seeking to file it must obtain leave of court. Although Civil Local Rule 7-4 is somewhat ambiguous, it has been the practice of most attorneys filing motions in this district to begin the numbering of the pages of the table of contents and table of authorities with "i" and to begin the numbering of the pages of the notice of motion and memorandum of points and authorities with "1" (allowing no more than 25 pages for the notice of motion and memorandum of points and authorities).
1

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

No. C 08-5071 PJH ORDER GRANTING LEAVE TO FILE BRIEF IN EXCESS OF 25 PAGES

1 2 3 4 5 6 7 8 9 10

It is not permissible under Rule 7-4(b) to file the brief simultaneously with the request for additional pages.

IT IS SO ORDERED. Dated: February 19, 2009 ______________________________ PHYLLIS J. HAMILTON United States District Judge

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2