Banks et al v. Nissan North America, Inc. et al

Filing 100

ORDER re chambers copies. Signed by Judge Hamilton on 10/21/2013. (pjhlc2, COURT STAFF) (Filed on 10/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRANDON BANKS, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,
v.

No. C 11-2022 PJH
ORDER RE CHAMBERS COPIES

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NISSAN NORTH AMERICA, INC.,

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Defendant.
_______________________________/

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PLEASE TAKE NOTICE that the chambers copies of the declarations of Donald
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Margolis, Ph.D and Hirlye R. “Ryan” Lutz, III in support of plaintiffs’ motion for class
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certification were submitted in a format that is not usable by the court.
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The chambers copies are not usable because they
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consist of a stack of loose paper wrapped with a rubber band;
consist of stacks of loose paper;
are too thick to permit secure fastening with a staple, and are fastened with a
brad-type fastener that is too short for the thickness of the document;

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have no tabs for the exhibits;
include exhibits that are illegible;
include exhibits that are unreadable because the print is too small;
include text and/or footnotes in a font smaller than 12 point;
include portions or exhibits that are redacted because the submitting party
has requested leave to file those portions under seal; or

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are not usable for another reason – the unredacted chambers copies do not

“highlight[] or clearly note[]” the portions to be sealed, as required by Local Rule 79-5(d)(2).
In addition, plaintiffs seek the sealing of portions of its motion for class certification

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(Dkt. 80), but the unredacted chambers copy does not “highlight[] or clearly note[]” the

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portions to be sealed, as required by Local Rule 79-5(d)(2). Also, plaintiffs have not

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submitted chambers copies of the following declarations (and accompanying exhibits)

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supporting the motion for class certification: F. Jerome Tapley (Dkt. 80-1 and 80-2),

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Michael F. Ram (Dkt. 80-3 and 80-4), Kirk J. Wolden (Dkt. 80-5), Brandon Banks (Dkt. 80-

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6), Erin Banks (Dkt. 80-7), David Soloway (Dkt. 80-8), Jessica Soloway (Dkt. 80-9), and

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For the Northern District of California

United States District Court

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Richard Greenspan (Dkt. 80-10).
Finally, plaintiffs have not submitted a chambers copy of their motion for leave to file
a fourth amended complaint (Dkt. 88) or the accompanying Lutz declaration and exhibits.
No later than 4:00 pm on October 22, 2013, plaintiffs shall submit chambers copies
in a format that is usable by the court.
IT IS SO ORDERED.
Dated: October 21, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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