Cheung et al v. Wells Fargo Bank, N.A. et al

Filing 11

ORDER re 10 MOTION to Dismiss Defendant Wells Fargo Bank, N.A.'S Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint filed by Wells Fargo Bank, N.A.. Signed by Judge ARMSTRONG on 6/11/13. (lrc, COURT STAFF) (Filed on 6/11/2013)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 OAKLAND DIVISION 9 10 YIN KUEN CHEUNG and MARINA CHEUNG YIU, 11 Plaintiffs, 12 vs. 13 WELLS FARGO BANK, N.A.; 14 CAL-WESTERN RECONVEYANCE CORPORATION; and 15 DOES 1 through 100, inclusive, 16 Case No: C 13-01756 SBA ORDER STRIKING OVERSIZED BRIEF Defendants. 17 18 This Court’s Standing Orders specify that the maximum page limit for motions and 19 oppositions thereto is fifteen pages. Dkt. 7 at 2. The Standing Orders further provide that: 20 All parties shall meet and confer before filing any motion before the Court. The motion and any other non-stipulated request shall include a certification, which may be included in the body of the document, that the parties have complied with the meet and confer requirement. The Court may disregard any papers submitted that do not comply with this rule. 21 22 23 24 Id. (emphasis added). 25 On June 6, 2013, Defendant Wells Fargo Bank, N.A. (“Wells Fargo”), filed a 26 twenty-page motion to dismiss, without seeking or obtaining leave of court to file an 27 oversized motion. Dkt. 10. In addition, the motion lacks the requisite certification that 28 Wells Fargo met and conferred with Plaintiffs prior to filing its motion. Given Wells 1 Fargo’s violation of the Court’s Standing Orders, the Court strikes Wells Fargo’s improper 2 motion from the record. See Swanson v. U.S. Forest Serv., 87 F.3d 339, 345 (9th Cir. 3 1996) (courts have discretion to strike oversized briefs). Accordingly, 4 IT IS HEREBY ORDERED THAT: 5 1. Well Fargo’s motion to dismiss (Dkt. 10) shall be STRICKEN from the 6 record. Wells Fargo shall have until June 18, 2013 to refile its motion to dismiss in 7 conformity with the Court’s Standing Orders. 8 9 10 11 2. In light of Plaintiffs’ filing of an amended complaint, Wells Fargo’s first motion to dismiss (Dkt. 8) filed on May 9, 2013 is DENIED AS MOOT. IT IS SO ORDERED. Dated: June 11, 2013 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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