Thale v. Apple, Inc

Filing 82

ORDER TO SHOW CAUSE AND ORDER STRIKING PLAINTIFF'S SURREPLY 81 filed by Taea Thale. Order to Show Cause Hearing set for 12/18/2012 02:00 PM, coinciding with Defendant's Motion for Partial Summary Judgment Hearing. Show Cause Response due by 12/14/2012. Signed by Judge Yvonne Gonzalez Rogers on 12/12/12. (fs, COURT STAFF) (Filed on 12/12/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 TAEA THALE, Plaintiff, 8 9 10 11 Case No.: C-11-03778-YGR ORDER STRIKING PLAINTIFF’S SURREPLY AND ORDER TO SHOW CAUSE vs. APPLE INC., Defendant. Northern District of California United States District Court 12 13 Plaintiff Taea Thale has filed a Surreply to Apple’s Reply on Its Motion for Partial Summary 14 Judgment (“Surreply”). (Dkt. No. 81.) In filing this Surreply, Plaintiff has violated Civ. L.R. 7-3(d), 15 which explicitly states that “[o]nce a reply is filed, no additional memoranda, papers or letters may be 16 filed without prior Court approval,” with certain exceptions. The only permitted filings are (1) an 17 objection to reply evidence and (2) a statement of recent decision. The Surreply contains nothing but 18 pure argument, and does not fall under either exception. In fact, Plaintiff’s counsel seems to 19 acknowledge that he has ignored the Local Rules in the introduction of the Surreply. 20 For these reasons, Plaintiff’s Surreply at Dkt. No. 81 is hereby STRICKEN, as are the 21 Declaration of John Whitaker in Support of Plaintiff Taea Thale’s Opposition to Apple’s Motion for 22 Partial Summary Judgment and the exhibits thereto (Dkt. Nos. 81-1–81-3). The Court will not 23 consider Plaintiff’s Surreply in rendering its decision. 24 Plaintiff’s counsel, Philip Mann and John Whitaker, are hereby ORDERED TO SHOW CAUSE 25 why they should not be sanctioned for failure to follow the explicit Local Rule. A hearing on this 26 Order to Show Cause shall be held on Tuesday, December 18, 2012, coinciding with the hearing on 27 Defendant’s Motion for Partial Summary Judgment. Plaintiff’s counsel must file a written response to 28 this Order to Show Cause no later than December 14, 2012 explaining counsel’s failure to comply 1 with the above rules, as well as certifying that each counsel has personally read and understands the 2 Civil Local Rules regarding Motion Practice. 3 The Clerk shall strike Dkt. No. 81 from the record. 4 IT IS SO ORDERED. 5 6 Dated: December 12, 2012 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 11 Northern District of California United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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