Quesada et al-v-Bank of America Corporation

Filing 84

ORDER STRIKING MOTION OF DEFENDANT TO STRIKE, Motions terminated: 79 MOTION to Strike The Declaration of Siobhan Fitzgerald Filed August 28, 2012 filed by Banc of America Investment Services, Inc. nka Merrill Lynch, Pierce, Fenner & Smith, Inc. The hearing set for 10/16/12 is VACATED.. Signed by Judge Yvonne Gonzalez Rogers on 10/1/12. (fs, COURT STAFF) (Filed on 10/1/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELWOOD QUESADA et al.,

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United States District Court
Northern District of California

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Plaintiffs,

Case No.: 11-CV-01703 YGR
ORDER STRIKING MOTION OF DEFENDANT
TO STRIKE

vs.
BANC OF AMERICA INVESTMENT SERVICES,
INC. N/K/A MERRILL LYNCH, PIERCE,
FENNER & SMITH, INC.,
Defendant.

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Defendant has filed a “Motion to Strike the Declaration of Siobhan Fitzgerald filed August

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28, 2012” (Dkt. No. 79), which has been noticed for hearing on October 16, 2012. The motion

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appears to be no more than an evidentiary objection submitted in a separate document, contrary to

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Local Rule 7-3(a) and (c) (evidentiary objections must be contained within the brief or

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memorandum).

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Therefore, the Motion to Strike is STRICKEN as improperly filed. The parties are advised
that the Court will consider only admissible evidence.

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The hearing set for October 16, 2012 is VACATED.

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This Order Terminates Docket Number 79.

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IT IS SO ORDERED.

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Date: October 1, 2012

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE