Murray v. Sears, Roebuck and Co. et al

Filing 196

ORDER by Judge Claudia Wilken STRIKING DEFENDATS 189 SEPARATE EVIDENTIARY OBJECTIONS (ndr, COURT STAFF) (Filed on 1/23/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 09-5744 CW

MARTIN MURRAY,
Plaintiff,
v.

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SEARS, ROEBUCK AND CO., et al.,

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Defendants.

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United States District Court
For the Northern District of California

ORDER STRIKING
DEFENDATS’
SEPARATE
EVIDENTIARY
OBJECTIONS (Docket
No. 189)

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On January 18, 2013, Defendants Sears, Roebuck and Co. and

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Electrolux Home Products, Inc., filed their twenty-five page

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opposition to Plaintiff Martin Murray’s motion for class

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certification.

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separate nine-page document, styled as a “Motion to Strike,”

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consisting of objections to evidence that Plaintiff submitted in

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support of his motion for class certification.

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Docket No. 188.

Defendants concurrently filed a

Docket No. 189.

Civil Local Rule 7-3(a) provides that, when a party files an

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opposition to a motion, “[a]ny evidentiary and procedural

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objections to the motion must be contained within the brief or

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memorandum,” which may not exceed twenty-five pages of text.

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violation of Rule 7-3, Defendants have filed their evidentiary

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objections separately from their brief.

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documents, Defendants have filed thirty-four pages of text.

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In

Further, between the two

Accordingly, the Court STRIKES Defendants’ separate

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evidentiary objections (Docket No. 189).

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leave to amend and refile their opposition to Plaintiff’s class

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certification motion, incorporating any evidentiary objections

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they wish to raise, within seven days of the date of this Order.

Defendants are granted

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Defendants’ amended opposition shall not exceed twenty-five pages.

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Plaintiff’s deadline to file his reply brief will remain February

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21, 2013.

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IT IS SO ORDERED.

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Dated: 1/23/2013

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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