Whitsitt v. Industrial Employer Distributor Association et al
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)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
11 WILLIAM J. WHITSITT,
Case No: C 13-00396 SBA
ORDER STRIKING PLAINTIFF’S
14 INDUSTRIAL EMPLOYER DISTRIBUTOR
16 WAREHOUSEMAN’S TRUST,
17 INTERNATIONAL LONGSHOREMAN
AND WAREHOUSE UNION,
99 UNNAMED DEFENDANTS,
Plaintiff has filed a 30-page, single-spaced combined opposition to Defendants’
respective motions to dismiss his Fourth Amended Complaint. Dkt. 90. Under Civil Local
Rule 7-3(a), Plaintiff’s response was due on October 6, 2014. However, Plaintiff did not
file his opposition until October 16, 2014, and failed to seek prior leave to enlarge the
deadline for his responses.
This Court’s Standing Order specify that “[a]ll noticed motions (other than motions
for summary judgment) and any opposition thereto, shall not exceed fifteen (15) pages in
length, exclusive of the table of contents, table of authorities, exhibits and declarations, if
required.” Dkt. 27 (emphasis added). Similarly, Local Rule 3.4(c)(2) specifies that “[t]ext
[used on any brief] must appear on one side only and must be double-spaced with no more
than 28 lines per page.” (Emphasis added).
Briefs filed in violation of this Court’s rules and orders need not be considered and
may be stricken. Tri-Valley CARES v. U.S. Dept. of Energy, 671 F.3d 1113, 1131 (9th
Cir. 2012) (“Denial of a motion as the result of a failure to comply with local rules is well
within a district court’s discretion.”); Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402,
404 (9th Cir. 2010) (recognizing that the district court has “the power to strike items from
the docket as a sanction for litigation conduct”). Accordingly,
IT IS HEREBY ORDERED THAT Plaintiff’s opposition (Dkt. 60) shall be
STRICKEN from the record. Plaintiff shall have seven (7) days from the date this Order is
filed to file oppositions that conform in all respects to the Local Rules and Standing Orders
of this Court. In the event Plaintiff fails to timely file properly-formatted oppositions, the
Court will dismiss the action under Federal Rule of Civil Procedure 41. If Plaintiff timely
files his oppositions, Defendants shall have seven (7) days thereafter to file their replies.
The October 28, 2014, hearing date is VACATED, as the motions will be adjudicated
without oral argument. Civ. L.R. 7-1(b).
IT IS SO ORDERED.
Dated: October 16, 2014
SAUNDRA BROWN ARMSTRONG
United States District Judge
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