Wells Fargo & Company et al v. ABD Insurance & Financial Services, Inc. et al

Filing 153

ORDER re 151 motion to exclude. Signed by Judge Hamilton on 7/21/2014. (pjhlc2, COURT STAFF) (Filed on 7/21/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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WELLS FARGO AND CO., et al.,
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Plaintiffs,

No. C 12-3856 PJH

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v.

ORDER RE MOTION TO EXCLUDE

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ABD INSURANCE AND FINANCIAL
SERVICES, et al.,

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For the Northern District of California

United States District Court

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Defendants.
_______________________________/

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On July 17, 2014, plaintiff Wells Fargo filed a motion to strike (or “exclude”) an

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expert declaration filed in connection with defendants’ opposition to Wells Fargo’s motion

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for preliminary injunction. Plaintiff’s motion was filed on the same day as its reply brief in

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support of its preliminary injunction motion.

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It appears to the court that Wells Fargo filed the motion to strike/exclude as a means

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of circumventing Civil Local Rule 7-3(c), which requires “[a]ny evidentiary and procedural

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objections to the opposition” to be contained within the reply brief itself, and not filed as a

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separate document. The court notes that Wells Fargo’s reply brief contained 15 pages of

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text (the maximum permitted by Local Rule 7-3(c)), and that the motion to strike/exclude

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contained an additional 12 pages of text.

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Thus, at the August 6, 2014 hearing on its preliminary injunction motion, Wells Fargo

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will be ORDERED to SHOW CAUSE as to why the motion to strike/exclude should not be

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stricken for violating this court’s local rules. If the motion is not stricken, the court will set a

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new briefing schedule at the hearing. Until then, all deadlines associated with the motion to

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strike/exclude are VACATED.

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IT IS SO ORDERED.
Dated: July 21, 2014
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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