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)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10 11 WILLIAM J. WHITSITT, Plaintiff, 12 13 Case No: C 13-00396 SBA ORDER STRIKING PLAINTIFF’S NON-COMPLIANT OPPOSITION vs. 14 INDUSTRIAL EMPLOYER DISTRIBUTOR ASSOCIATION, 15 DISTRIBUTOR ASSOCIATION 16 WAREHOUSEMAN’S TRUST, 17 INTERNATIONAL LONGSHOREMAN AND WAREHOUSE UNION, 18 99 UNNAMED DEFENDANTS, 19 Defendants. 20 21 Plaintiff has filed a 30-page, single-spaced combined opposition to Defendants’ 22 respective motions to dismiss his Fourth Amended Complaint. Dkt. 90. Under Civil Local 23 Rule 7-3(a), Plaintiff’s response was due on October 6, 2014. However, Plaintiff did not 24 file his opposition until October 16, 2014, and failed to seek prior leave to enlarge the 25 deadline for his responses. 26 This Court’s Standing Order specify that “[a]ll noticed motions (other than motions 27 for summary judgment) and any opposition thereto, shall not exceed fifteen (15) pages in 28 length, exclusive of the table of contents, table of authorities, exhibits and declarations, if 1 required.” Dkt. 27 (emphasis added). Similarly, Local Rule 3.4(c)(2) specifies that “[t]ext 2 [used on any brief] must appear on one side only and must be double-spaced with no more 3 than 28 lines per page.” (Emphasis added). 4 Briefs filed in violation of this Court’s rules and orders need not be considered and 5 may be stricken. Tri-Valley CARES v. U.S. Dept. of Energy, 671 F.3d 1113, 1131 (9th 6 Cir. 2012) (“Denial of a motion as the result of a failure to comply with local rules is well 7 within a district court’s discretion.”); Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 8 404 (9th Cir. 2010) (recognizing that the district court has “the power to strike items from 9 the docket as a sanction for litigation conduct”). Accordingly, 10 IT IS HEREBY ORDERED THAT Plaintiff’s opposition (Dkt. 60) shall be 11 STRICKEN from the record. Plaintiff shall have seven (7) days from the date this Order is 12 filed to file oppositions that conform in all respects to the Local Rules and Standing Orders 13 of this Court. In the event Plaintiff fails to timely file properly-formatted oppositions, the 14 Court will dismiss the action under Federal Rule of Civil Procedure 41. If Plaintiff timely 15 files his oppositions, Defendants shall have seven (7) days thereafter to file their replies. 16 The October 28, 2014, hearing date is VACATED, as the motions will be adjudicated 17 without oral argument. Civ. L.R. 7-1(b). 18 19 IT IS SO ORDERED. Dated: October 16, 2014 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?