Simpson v. Vantage Hospitality Group, Inc.

Filing 33

ORDER STRIKING 31 Response ( Non Motion ) filed by Vantage Hospitality Group, Inc. AND ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 12/14/2012 09:01 AM. Show Cause Response due by 12/7/2012. Signed by Judge Yvonne Gonzalez Rogers on 11/30/12. (fs, COURT STAFF) (Filed on 11/30/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 LATROYA SIMPSON, individually and on behalf of a class of similarly-situated individuals, 8 9 Case No.: 12-cv-04814-YGR ORDER STRIKING DEFENDANT’S RESPONSE TO PLAINTIFF’S NOTICE OF RECENT AUTHORITY AND ORDER TO SHOW CAUSE Plaintiffs, vs. 10 VANTAGE HOSPITALITY GROUP, INC., 11 Defendant. Northern District of California United States District Court 12 13 14 Defendant Vantage Hospitality Group, Inc. has filed a Response to Plaintiff’s Notice of Recent 15 Authority. (Dkt. No. 31.) On November 21, 2012, Plaintiff filed a Statement of Recent Decision in 16 Support of Plaintiff’s Opposition to Defendant’s Motion to Dismiss, or in the Alternative, Strike Class 17 Allegations. (Dkt. No. 29.) Plaintiff’s Statement of Recent Decision attached two judicial opinions 18 published after the date of Plaintiff’s opposition, and the Statement itself contained no argument. As 19 such, this filing was permitted by Civ. L.R. 7-3(d)(2). 20 Defendant, on the other hand, has violated Civ. L.R. 7-3(d), which explicitly states that 21 “[o]nce a reply is filed, no additional memoranda, papers or letters may be filed without prior Court 22 approval.” A response to a statement of recent decision is not permitted under this Local Rule. 23 Defendant has also circumvented the page limits set forth in Civ. L.R. 7-2 and 7-3 and given itself an 24 additional six pages of pure argument that is otherwise prohibited. Defendant’s Response at Dkt. No. 25 31 is hereby STRICKEN. The Court will not consider Defendant’s new arguments in rendering its 26 decision. 27 28 Defendant’s counsel, Randall Sunshine, Angela Agrusa, and David Farkas, are hereby ORDERED TO SHOW CAUSE why they should not be sanctioned for failure to follow these explicit 1 Local Rules. A hearing on this Order to Show Cause shall be held on Friday, December 14, 2012, on 2 the Court’s 9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in a 3 courtroom to be designated. Defendant’s counsel must file a written response to this Order to Show 4 Cause no later than December 7, 2012 explaining counsel’s failure to comply with the above rules, as 5 well as certifying that each counsel has personally read and understands the Civil Local Rules 6 regarding Motion Practice. Defendant’s counsel is required to appear personally at the hearing. If the 7 Court is satisfied with Defendant’s counsel’s response and certifications, it will consider taking the 8 Order to Show Cause hearing off calendar. 9 10 The Clerk shall strike Dkt. No. 31 from the record. IT IS SO ORDERED. 11 Northern District of California United States District Court 12 Dated: November 30, 2012 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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