Rainbow Business Solutions et al v. Merchant Services, Inc et al

Filing 472

ORDER STRIKING #468 SEPARATE EVIDENTIARY OBJECTIONS AND GRANTING DEFENDANTS LEAVE TO FILE AMENDED OPPOSITIONS TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION. Responses due by 2/6/2013. Signed by Judge Claudia Wilken on 2/4/2013. (ndr, COURT STAFF) (Filed on 2/4/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RAINBOW BUSINESS SOLUTIONS, doing
business as PRECISION TUNE AUTO
CARE; DIETZ TOWING, INC.; THE
ROSE DRESS, INC.; VOLKER VON
GLASENAPP; JERRY SU; VERENA
BAUMGARTNER; TERRY JORDAN; ERIN
CAMPBELL; and LEWIS BAE,

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United States District Court
For the Northern District of California

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Plaintiffs,
v.
MERCHANT SERVICES, INC.; NATIONAL
PAYMENT PROCESSING; UNIVERSAL
MERCHANT SERVICES LLC; UNIVERSAL
CARD, INC.; JASON MOORE; NATHAN
JURCZYK; ROBERT PARISI; ERIC
MADURA; FIONA WALSHE; ALICYN ROY;
MBF LEASING LLC; NORTHERN
FUNDING, LLC; NORTHERN LEASING
SYSTEMS, INC.; JAY COHEN; LEONARD
MEZEI; SARA KRIEGER; SAM BUONO;
and SKS ASSOCIATES, LLC,

No. C 10-1993 CW
ORDER STRIKING
SEPARATE
EVIDENTIARY
OBJECTIONS AND
GRANTING
DEFENDANTS LEAVE
TO FILE AMENDED
OPPOSITIONS TO
PLAINTIFFS’ MOTION
FOR CLASS
CERTIFICATION

Defendants.
________________________________/

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On January 31, 2013, Defendants Northern Leasing Systems,

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Inc., MBF Leasing, LLC, Northern Funding, LLC, SKS Associates,

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LLC, Jay Cohen, Sara Krieger, Leonard Mezei and Sam Buono

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(collectively, the Leasing Defendants) and Merchant Services,

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Inc., Universal Card, Inc., Universal Merchant Services, LLC,

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National Payment Processing, Inc., Jason Moore, Robert Parisi,

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Nathan Jurczyk, Eric Madura and Alicyn Roy (collectively, the

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Merchant Services Defendants) filed two twenty-five page

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opposition briefs to Plaintiffs’ motion for class certification.

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Docket Nos. 459, 469.

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document setting forth objections to the evidence offered by

Defendants concurrently filed a separate

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Plaintiffs in support of their motion for class certification.

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See Docket No. 468.

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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.”

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Defendants that they shall “file their opposition to Plaintiffs’

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motion for class certification, in one or two joint briefs,

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totaling no more than fifty pages.”

In addition, the Court previously instructed

Docket No. 434.

In violation

United States District Court
For the Northern District of California

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

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separately from their briefs.

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documents, Defendants have filed more than fifty pages of text.

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Further, between the three

Accordingly, the Court STRIKES Defendants’ separate

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evidentiary objections (Docket No. 468).

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leave to amend and refile their opposition briefs incorporating

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any evidentiary objections, within two Court days of the date of

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this Order.

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not exceed fifty pages.

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Defendants are granted

Defendants’ amended opposition briefs shall together
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IT IS SO ORDERED.

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Dated: 2/4/2013

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CLAUDIA WILKEN
United States District Judge

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Defendant Fiona Walshe filed a notice of joinder in both
opposition briefs. Docket No. 471. Walshe is not required to
file a new notice of joinder for any amended opposition briefs.
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