Duenas et al v. Freitas et al

Filing 28

ORDER STRIKING 27 Opposition/Response to Motion filed by Gerard Duenas. Signed by Judge ARMSTRONG on 6/7/13. (lrc, COURT STAFF) (Filed on 6/7/2013)

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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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10 GERARD DUENAS, HAROLD GOLDMAN,

Plaintiff,

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Case No: C 13-0836 SBA
ORDER STRIKING PLAINTIFFS’
OVERSIZED OPPOSITION BRIEF

vs.

13 STEVEN FREITAS, AKA STEVE

FREITAS, in his Official and Private
14 Capacity, SONOMA COUNTY SHERIFF’S

DEPARTMENT, KATHRYN STRALEY in
15 her official and private capacity, DEUTSCHE

BANK, NATIONAL TRUST COMPANY,
16 MICHAEL S. AND MARY C.

BASKAUSKAS, DOES 117 15, Inclusive,

Defendants.

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Plaintiffs have filed a thirty-page opposition to Defendants’ motion to dismiss. Dkt.

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27. Under this Court’s Standing Orders, the maximum page limit for motions and

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oppositions thereto is fifteen pages. Dkt. 9 at 5. The Court reiterated this page limit in its

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Order filed on May 30, 2013 which sua sponte granted Plaintiffs additional time to file their

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opposition. Dkt. 26.

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The Standing Orders provide that any brief filed “in an improper manner or form

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shall not be received or considered by the Court.” Id.; see Swanson v. U.S. Forest Serv., 87

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F.3d 339, 345 (9th Cir. 1996) (courts have discretion to strike oversized briefs).

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Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiffs’ opposition brief (Dkt. 27) is

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STRICKEN from the record. Plaintiffs shall have until June 14, 2013 to refile their

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opposition in conformity with the Court’s Standing Orders. Plaintiffs’ response is limited

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to fifteen (15) pages and shall comply in all respects with the Federal Rules of Civil

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Procedure and the Court’s Civil Local Rules including, without limitation, Civil Local

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Rules 7-3 through 7-5. PLAINTIFFS ARE WARNED THAT THE FAILURE TO

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FILE A RESPONSE BY THIS DEADLINE AND/OR TO COMPLY WITH THIS

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ORDER OR ANY OTHER APPLICABLE PROCEDURAL RULES WILL RESULT

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IN THE GRANTING OF THE PENDING MOTION AND THE DISMISSAL OF

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THIS ACTION. In the event Plaintiffs timely file a response, Defendant may file a reply

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seven days after the deadline for Plaintiffs’ response.

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IT IS SO ORDERED.
Dated: June 7, 2013

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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