Helton et al v. Factor 5, Inc. et al

Filing 146

ORDER by Judge Saundra Brown Armstrong (striking 141 Motion for Partial Summary Judgment; granting 143 Ex Parte Application). (ndr, COURT STAFF) (Filed on 12/26/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 OAKLAND DIVISION 7 JESSE HELTON; ALISHA PICCIRILLO; Case No: C 10-04927 SBA 8 CHAD LOWE; individually and on behalf of all others similarly situated, ORDER 9 Plaintiffs, Docket 141, 143 10 vs. 11 FACTOR 5, INC.; FACTOR 5, LLC; 12 BLUHARVEST, LLC; WHITEHARVEST, LLC; JULIAN EGGEBRECHT; HOLGER 13 SCHMIDT; THOMAS ENGEL; and DOES 1-100, 14 Defendants. 15 16 On December 17, 2013, Defendants Julian Eggebrecht, Thomas Engel, and Holger 17 Schmidt (collectively, “individual Defendants”) filed a renewed motion for partial 18 summary judgment. Dkt. 141. The individual Defendants noticed the motion for hearing 19 on January 21, 2014. Dkt. 142. On December 18, 2013, Plaintiffs Jesse Helton, Alisha 20 Piccirillo, and Chad Lowe (collectively, “Plaintiffs”) filed an ex parte application to strike 21 the individual Defendants’ motion. Dkt. 143. Having read and considered the papers filed 22 in connection with this matter and being fully informed, the Court hereby GRANTS 23 Plaintiffs’ ex parte application to strike, for the reasons stated below. 24 In direct violation of the Court’s Scheduling Order, the individual Defendants’ filed 25 a renewed motion for partial summary judgment after the dispositive motion deadline.1 26 Because the individual Defendants have not shown “good cause” for the untimely filing, 27 1 28 The Scheduling Order states that “[a]ll motions including dispositive motions shall be heard on or before 12/17/13, at 1:00 p.m.” Dkt. 110 (emphasis in original). 1 their motion may be stricken. See Ammons v. Bakewell, 481 Fed. Appx. 389 (9th Cir. 2 2012) (“The district court did not abuse its discretion in striking [Plaintiff’s] motion for 3 summary judgment that he filed after the scheduling order deadline because [Plaintiff] 4 failed to show ‘good cause’ for the untimely filing.”) (citing Johnson v. Mammoth 5 Recreations, Inc., 975 F.2d 604, 607-609 (9th Cir. 1992) (stating standard)). In addition, 6 the individual Defendants failed to comply with the Court’s meet and confer requirement 7 prior to filing their motion in violation of the Court’s Scheduling Order and the Court’s 8 Civil Standing Orders. See Dkt. 110; Civil Standing Orders at 1. Finally, the individual 9 Defendants did not seek leave of Court before filing a second motion for summary 10 judgment in violation of the Court’s Scheduling Order. See Dkt. 110. The law is clear that 11 district courts have the inherent power to control their docket, and in the exercise of that 12 power, they may properly strike improper documents. Ready Transp., Inc. v. AAR Mfg., 13 Inc., 627 F.3d 402, 404 (9th Cir. 2010); see also Centillium Comms., Inc. v. Atlantic Mut. 14 Ins. Co., 2008 WL 728639, at *6 (N.D. Cal. 2008) (striking motion where the movant failed 15 to meet and confer prior to filing its motion). Accordingly, 16 IT IS HEREBY ORDERED THAT Plaintiffs’ ex parte application to strike is 17 GRANTED. IT IS FURTHER ORDERED THAT the individual Defendants’ renewed 18 motion for partial summary judgment (Dkt. 141) shall be STRICKEN from the record. The 19 parties are warned that the Court will strike any future documents filed with the Court that 20 do not comply with the Court’s orders. The parties are also warned that any future 21 transgressions of any applicable procedural rule and/or order may result in the imposition 22 of sanctions. This Order terminates Docket 141 and Docket 143. 23 24 IT IS SO ORDERED. Dated: 12/26/2013 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 25 26 27 28 -2-

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