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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TAEA THALE,
Plaintiff,

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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

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Plaintiff Taea Thale has filed a Surreply to Apple’s Reply on Its Motion for Partial Summary

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Judgment (“Surreply”). (Dkt. No. 81.) In filing this Surreply, Plaintiff has violated Civ. L.R. 7-3(d),

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which explicitly states that “[o]nce a reply is filed, no additional memoranda, papers or letters may be

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filed without prior Court approval,” with certain exceptions. The only permitted filings are (1) an

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objection to reply evidence and (2) a statement of recent decision. The Surreply contains nothing but

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pure argument, and does not fall under either exception. In fact, Plaintiff’s counsel seems to

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acknowledge that he has ignored the Local Rules in the introduction of the Surreply.

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For these reasons, Plaintiff’s Surreply at Dkt. No. 81 is hereby STRICKEN, as are the

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Declaration of John Whitaker in Support of Plaintiff Taea Thale’s Opposition to Apple’s Motion for

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Partial Summary Judgment and the exhibits thereto (Dkt. Nos. 81-1–81-3). The Court will not

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consider Plaintiff’s Surreply in rendering its decision.

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Plaintiff’s counsel, Philip Mann and John Whitaker, are hereby ORDERED TO SHOW CAUSE

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why they should not be sanctioned for failure to follow the explicit Local Rule. A hearing on this

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Order to Show Cause shall be held on Tuesday, December 18, 2012, coinciding with the hearing on

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Defendant’s Motion for Partial Summary Judgment. Plaintiff’s counsel must file a written response to

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this Order to Show Cause no later than December 14, 2012 explaining counsel’s failure to comply

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with the above rules, as well as certifying that each counsel has personally read and understands the

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Civil Local Rules regarding Motion Practice.

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The Clerk shall strike Dkt. No. 81 from the record.

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IT IS SO ORDERED.

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Dated: December 12, 2012

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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