Cheung et al v. Wells Fargo Bank, N.A. et al
Filing
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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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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 YIN KUEN CHEUNG and
MARINA CHEUNG YIU,
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Plaintiffs,
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vs.
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WELLS FARGO BANK, N.A.;
14 CAL-WESTERN RECONVEYANCE
CORPORATION; and
15 DOES 1 through 100, inclusive,
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Case No: C 13-01756 SBA
ORDER STRIKING OVERSIZED
BRIEF
Defendants.
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This Court’s Standing Orders specify that the maximum page limit for motions and
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oppositions thereto is fifteen pages. Dkt. 7 at 2. The Standing Orders further provide that:
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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.
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Id. (emphasis added).
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On June 6, 2013, Defendant Wells Fargo Bank, N.A. (“Wells Fargo”), filed a
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twenty-page motion to dismiss, without seeking or obtaining leave of court to file an
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oversized motion. Dkt. 10. In addition, the motion lacks the requisite certification that
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Wells Fargo met and conferred with Plaintiffs prior to filing its motion. Given Wells
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Fargo’s violation of the Court’s Standing Orders, the Court strikes Wells Fargo’s improper
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motion from the record. See Swanson v. U.S. Forest Serv., 87 F.3d 339, 345 (9th Cir.
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1996) (courts have discretion to strike oversized briefs). Accordingly,
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IT IS HEREBY ORDERED THAT:
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1.
Well Fargo’s motion to dismiss (Dkt. 10) shall be STRICKEN from the
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record. Wells Fargo shall have until June 18, 2013 to refile its motion to dismiss in
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conformity with the Court’s Standing Orders.
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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
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