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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LATROYA SIMPSON, individually and on
behalf of a class of similarly-situated
individuals,

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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.

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VANTAGE HOSPITALITY GROUP, INC.,
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Defendant.

Northern District of California

United States District Court

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Defendant Vantage Hospitality Group, Inc. has filed a Response to Plaintiff’s Notice of Recent

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Authority. (Dkt. No. 31.) On November 21, 2012, Plaintiff filed a Statement of Recent Decision in

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Support of Plaintiff’s Opposition to Defendant’s Motion to Dismiss, or in the Alternative, Strike Class

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Allegations. (Dkt. No. 29.) Plaintiff’s Statement of Recent Decision attached two judicial opinions

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published after the date of Plaintiff’s opposition, and the Statement itself contained no argument. As

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such, this filing was permitted by Civ. L.R. 7-3(d)(2).

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Defendant, on the other hand, has violated Civ. L.R. 7-3(d), which explicitly states that

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“[o]nce a reply is filed, no additional memoranda, papers or letters may be filed without prior Court

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approval.” A response to a statement of recent decision is not permitted under this Local Rule.

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Defendant has also circumvented the page limits set forth in Civ. L.R. 7-2 and 7-3 and given itself an

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additional six pages of pure argument that is otherwise prohibited. Defendant’s Response at Dkt. No.

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31 is hereby STRICKEN. The Court will not consider Defendant’s new arguments in rendering its

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decision.

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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

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Local Rules. A hearing on this Order to Show Cause shall be held on Friday, December 14, 2012, on

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the Court’s 9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in a

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courtroom to be designated. Defendant’s counsel must file a written response to this Order to Show

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Cause no later than December 7, 2012 explaining counsel’s failure to comply with the above rules, as

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well as certifying that each counsel has personally read and understands the Civil Local Rules

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regarding Motion Practice. Defendant’s counsel is required to appear personally at the hearing. If the

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Court is satisfied with Defendant’s counsel’s response and certifications, it will consider taking the

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Order to Show Cause hearing off calendar.

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The Clerk shall strike Dkt. No. 31 from the record.
IT IS SO ORDERED.

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Northern District of California

United States District Court

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Dated: November 30, 2012

_______________________________________

YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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