Calderon v. Davey Tree Surgery Company

Filing 79

ORDER STRIKING OVERSIZED 78 . Reset Deadlines as to 73 MOTION for Leave to File Amended Complaint and Modify Scheduling Order: Responses due by 10/23/2013; Replies due by 10/30/2013. Signed by Judge Saundra Brown Armstrong on 9/23/2013. (ndr, COURT STAFF) (Filed on 9/23/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 FELIPE CALDERON,

Plaintiff,

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Case No: C 11-5486 SBA
ORDER STRIKING OVERSIZED
BRIEF

vs.

9 DAVEY TREE SURGERY COMPANY,

Defendant.

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Defendant has filed an eighteen-page opposition to Plaintiff’s Motion for Leave to

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Amend Complaint and Modify Scheduling Order. Dkt. 78. Under this Court’s Standing

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Orders, the maximum page limit for motions and oppositions thereto is fifteen pages. Dkt.

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4. The Standing Orders further state that any brief filed “in an improper manner or form

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shall not be received or considered by the Court.” Id.; see Swanson v. U.S. Forest Serv., 87

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F.3d 339, 345 (9th Cir. 1996) (courts have discretion to strike oversized briefs).

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Accordingly,

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IT IS HEREBY ORDERED THAT Defendant’s opposition brief (Dkt. 78) is

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STRICKEN from the record. Defendant shall have until October 23, 2013, to refile its

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opposition in conformity with the Court’s Standing Orders. Plaintiff shall file his reply by no

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later than October 30, 2013.

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IT IS SO ORDERED.
Dated: September 23, 2013

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SAUNDRA BROWN ARMSTRONG
United States District Judge