Illumination Dynamics Co., LTD. v. Pacific Lighting Solutions L.L.C. et al

Filing 49

ORDER STRIKING NON-COMPLIANT 47 MOTION. Signed by Judge Saundra Brown Armstrong on 4/14/2014. (ndr, COURT STAFF) (Filed on 4/14/2014)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 ILLUMINATION DYNAMICS CO., LTD., a Case No: C 14-0078 SBA 7 foreign company, Plaintiff, 8 9 ORDER STRIKING NONCOMPLIANT MOTION vs. 10 PACIFIC LIGHTING SOLUTIONS L.L.C. and BILL ZHANG, an individual, 11 Defendant. 12 13 14 Defendant Pacific Lighting Solutions L.L.C. has filed a Motion for Relief from Non- 15 Dispositive Pretrial Order of Magistrate Judge, pursuant to Civil Local Rule 72-2. Dkt. 47. 16 Local Rule 72-2 provides that such a motion “may not exceed 5 pages (not counting 17 declarations and exhibits), and must set forth specifically the portions of the Magistrate 18 Judges findings, recommendation or report to which an objection is made . . . .” 19 Defendant’s motion exceeds the aforementioned page limit and does not specifically 20 identify the portions of the ruling to which it objects. In addition, Defendant erroneously 21 filed its motion as an “Objection” in ECF. The Court need not consider any motion that is 22 not filed in compliance with the Local Rules. Tri-Valley CARES v. U.S. Dept. of Energy, 23 671 F.3d 1113, 1131 (9th Cir. 2012) (“Denial of a motion as the result of a failure to 24 comply with local rules is well within a district court’s discretion.”); Smith v. Frank, 923 25 F.2d 139, 142 (9th Cir. 1991) (“For violations of the local rules, sanctions may be imposed 26 including, in appropriate cases, striking the offending pleading.”). Accordingly, 27 28 IT IS HEREBY ORDERED THAT Defendant’s Motion for Relief from NonDispositive Pretrial Order of Magistrate Judge (Dkt. 47) and its supporting documents are 1 STRICKEN from the record without prejudice to refiling, in conformance with the Local 2 Rules, within one (1) day of the date this Order is filed. 3 4 IT IS SO ORDERED. Dated: April 14, 2014 _____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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