Murray v. Sears, Roebuck and Co. et al

Filing 196


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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 No. C 09-5744 CW MARTIN MURRAY, Plaintiff, v. 7 SEARS, ROEBUCK AND CO., et al., 8 Defendants. 9 10 United States District Court For the Northern District of California ORDER STRIKING DEFENDATS’ SEPARATE EVIDENTIARY OBJECTIONS (Docket No. 189) ________________________________/ On January 18, 2013, Defendants Sears, Roebuck and Co. and 11 Electrolux Home Products, Inc., filed their twenty-five page 12 opposition to Plaintiff Martin Murray’s motion for class 13 certification. 14 separate nine-page document, styled as a “Motion to Strike,” 15 consisting of objections to evidence that Plaintiff submitted in 16 support of his motion for class certification. 17 Docket No. 188. Defendants concurrently filed a Docket No. 189. Civil Local Rule 7-3(a) provides that, when a party files an 18 opposition to a motion, “[a]ny evidentiary and procedural 19 objections to the motion must be contained within the brief or 20 memorandum,” which may not exceed twenty-five pages of text. 21 violation of Rule 7-3, Defendants have filed their evidentiary 22 objections separately from their brief. 23 documents, Defendants have filed thirty-four pages of text. 24 In Further, between the two Accordingly, the Court STRIKES Defendants’ separate 25 evidentiary objections (Docket No. 189). 26 leave to amend and refile their opposition to Plaintiff’s class 27 certification motion, incorporating any evidentiary objections 28 they wish to raise, within seven days of the date of this Order. Defendants are granted 1 Defendants’ amended opposition shall not exceed twenty-five pages. 2 Plaintiff’s deadline to file his reply brief will remain February 3 21, 2013. 4 IT IS SO ORDERED. 5 6 7 Dated: 1/23/2013 CLAUDIA WILKEN United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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