Whitsitt v. Industrial Employer Distributor Association et al

Filing 91

ORDER STRIKING PLAINTIFFS NON-COMPLIANT 90 OPPOSITION. Responses due by 10/23/2014; Replies due by 10/30/2014 Signed by Judge Saundra Brown Armstrong on 10/16/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 10/16/2014)

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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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11 WILLIAM J. WHITSITT,

Plaintiff,

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Case No: C 13-00396 SBA
ORDER STRIKING PLAINTIFF’S
NON-COMPLIANT OPPOSITION

vs.

14 INDUSTRIAL EMPLOYER DISTRIBUTOR

ASSOCIATION,
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DISTRIBUTOR ASSOCIATION

16 WAREHOUSEMAN’S TRUST,

17 INTERNATIONAL LONGSHOREMAN

AND WAREHOUSE UNION,
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99 UNNAMED DEFENDANTS,
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Defendants.
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Plaintiff has filed a 30-page, single-spaced combined opposition to Defendants’

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respective motions to dismiss his Fourth Amended Complaint. Dkt. 90. Under Civil Local

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Rule 7-3(a), Plaintiff’s response was due on October 6, 2014. However, Plaintiff did not

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file his opposition until October 16, 2014, and failed to seek prior leave to enlarge the

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deadline for his responses.

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This Court’s Standing Order specify that “[a]ll noticed motions (other than motions

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for summary judgment) and any opposition thereto, shall not exceed fifteen (15) pages in

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length, exclusive of the table of contents, table of authorities, exhibits and declarations, if

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required.” Dkt. 27 (emphasis added). Similarly, Local Rule 3.4(c)(2) specifies that “[t]ext

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[used on any brief] must appear on one side only and must be double-spaced with no more

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than 28 lines per page.” (Emphasis added).

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Briefs filed in violation of this Court’s rules and orders need not be considered and

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may be stricken. Tri-Valley CARES v. U.S. Dept. of Energy, 671 F.3d 1113, 1131 (9th

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Cir. 2012) (“Denial of a motion as the result of a failure to comply with local rules is well

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within a district court’s discretion.”); Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402,

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404 (9th Cir. 2010) (recognizing that the district court has “the power to strike items from

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the docket as a sanction for litigation conduct”). Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiff’s opposition (Dkt. 60) shall be

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STRICKEN from the record. Plaintiff shall have seven (7) days from the date this Order is

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filed to file oppositions that conform in all respects to the Local Rules and Standing Orders

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of this Court. In the event Plaintiff fails to timely file properly-formatted oppositions, the

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Court will dismiss the action under Federal Rule of Civil Procedure 41. If Plaintiff timely

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files his oppositions, Defendants shall have seven (7) days thereafter to file their replies.

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The October 28, 2014, hearing date is VACATED, as the motions will be adjudicated

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without oral argument. Civ. L.R. 7-1(b).

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IT IS SO ORDERED.
Dated: October 16, 2014

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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