Jalili v. Far East National Bank et al

Filing 29

AMENDED ORDER STRIKING OPPOSITION re 27 Order.. Signed by Judge Saundra Brown Armstrong, on 01/31/13. (jlm, COURT STAFF) (Filed on 2/4/2013)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 BERUZ JALILI, Plaintiff, 7 8 vs. 9 FAR EAST NATIONAL BANK, a Federally 10 11 12 13 14 Chartered Bank; SINOPA HOLDINGS, a Foreign Corporation; LIBERTY ASSET MANAGEMENT CORPORATION, a California Corporation; TLH-REO MANAGEMENT, LLC, a California Limited Liability Company; GFC SERVICE CORPORATION, a dissolved California Corporation; and H & Q ASIA PACIFIC II, LLC, a Delaware Limited Liability Company, Case No: C 12-5962 SBA AMENDED ORDER STRIKING PLAINTIFF’S OPPOSITION BRIEFS This Order supercedes Dkt. 27 Dkt. 18, 19 Defendants. 15 16 17 18 Defendants Far East National Bank and Sinopac Holding’s motion to dismiss and 19 motion to strike are noticed for hearing on February 5, 2013. Dkt. 11, 12. On January 16, 20 2013, Plaintiff filed a twenty-one page opposition to the motion to dismiss. Dkt. 18. In 21 addition, Plaintiff’s oppositions to Defendants’ motions were e-filed with the “track- 22 changes” feature left intact, thereby rendering the briefs difficult to read. 23 The Court’s Standing Orders expressly limit motions and oppositions to fifteen 24 pages. See Order Setting Initial Case Management Conference and Deadlines, Dkt. 2-1 at 25 4. The Standing Orders further state that any brief filed “in an improper manner or form 26 shall not be received or considered by the Court.” Id.; see Swanson v. U.S. Forest Serv., 87 27 F.3d 339, 345 (9th Cir. 1996) (courts have discretion to strike oversized briefs). 28 Accordingly, 1 IT IS HEREBY ORDERED THAT: 2 1. Plaintiff’s Memorandum in Opposition to Motion to Dismiss (Dkt. 18) and 3 Plaintiff’s Memorandum in Opposition to Strike (Dkt. 19) shall be STRICKEN from the 4 record. Plaintiff is granted leave to file conforming oppositions by no later than February 5 5, 2013. The motion hearing scheduled for February 5, 2013 is CONTINUED to April 2, 6 2013 at 1:00 p.m., to coincide with the hearing scheduled on the other Defendants’ motion 7 to dismiss (Dkt. 20). Pursuant to Civil Local Rule 7-1(b), the Court may resolve the 8 motions without oral argument. The parties are advised the check the Court’s website to 9 determine whether an appearance is required. 10 2. The telephonic Case Management Conference currently scheduled for 11 February 21, 2013 is CONTINUED to May 10, 2013 at 3:15 p.m. Prior to the date 12 scheduled for the conference, the parties shall meet and confer and prepare a joint Case 13 Management Conference Statement which complies with the Standing Order for All Judges 14 of the Northern District of California and the Standing Orders of this Court. Plaintiff shall 15 assume responsibility for filing the joint statement no less than seven (7) days prior to the 16 conference date. Plaintiff’s counsel is to set up the conference call with all the parties on 17 the line and call chambers at (510) 637-3559. NO PARTY SHALL CONTACT 18 CHAMBERS DIRECTLY WITHOUT PRIOR AUTHORIZATION OF THE COURT. 19 20 IT IS SO ORDERED. Dated: January 31, 2013 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 21 22 23 24 25 26 27 28 -2-

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