Jeanne Stathakos, et al v. Columbia Sportswear Company

Filing 94

ORDER STRIKING BRIEFS OR PORTIONS THEREOF FOR VIOLATIONS OF LOCAL RULE 7-3(D) RE: SUPPLEMENTAL MATERIAL re 92 Statement of Recent Decision, filed by Nicolas Stathakos, Jeanne Stathakos, 90 Objection, filed by Columbia Sportswear USA Corporation, Columbia Sportswear Company. Signed by Judge Yvonne Gonzalez Rogers on 4/24/17. (fs, COURT STAFF) (Filed on 4/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEANNE AND STATHAKOS, INDIVIDUALLY

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AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED, ET AL.,

Plaintiffs,

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United States District Court
Northern District of California

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vs.
COLUMBIA SPORTSWEAR COMPANY, ET AL.,

CASE NO. 15-cv-04543-YGR
ORDER STRIKING BRIEFS OR PORTIONS
THEREOF FOR VIOLATIONS OF LOCAL
RULE 7-3(D) RE: SUPPLEMENTAL
MATERIAL
Re: Dkt. Nos. 90, 92

Defendants.
On April 4, 2017, defendants filed “Objections to and Motion to Strike ‘Rebuttal’ Expert

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Declarations . . .” (Dkt. No. 90) in violation of multiple Local Rules and this Court’s briefing

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schedule and without any supplemental authorization (or even request for authorization) from the

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Court. (See Dkt. No. 91, Exs. A and B, scheduling conferences with the Court; Local Rule 7-2(a),

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7-3(d)(1), (2).) Accordingly, Docket No. 90 is STRICKEN.

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On April 21, 2017, plaintiffs filed a “Statement of Recent Decision . . . .” (Dkt. No. 92.)

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The Court hereby STRIKES all but the introductory paragraph, signature, and the attachments.

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This filing also violated Local Civil Rules’ limitations.

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Civil Local Rule 7-3(d) provides:
(d) Supplementary Material. Once a reply is filed, no additional memoranda,
papers or letters may be filed without prior Court approval, except as follows:
(1) Objection to Reply Evidence. If new evidence has been submitted in the
reply, the opposing party may file within 7 days after the reply is filed, and serve an
Objection to Reply Evidence, which may not exceed 5 pages of text, stating its
objections to the new evidence, which may not include further argument on the
motion. The Objection to Reply Evidence must be filed and served not more than 7
days after the reply was filed. Fed. R. Civ. P. 6(d), which extends deadlines that
are tied to service (as opposed to filing), does not apply and thus does not extend
this deadline.
(2) Before the noticed hearing date, counsel may bring to the Court’s attention a
relevant judicial opinion published after the date the opposition or reply was filed

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by filing and serving a Statement of Recent Decision, containing a citation to and
providing a copy of the new opinion—without argument.

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Here, plaintiffs’ filing included their own summaries of the cases at issue. Such is more than the

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“citation to” and provision of “copy of the new opinion.”

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Parties are warned that any further failure to comply with the Court’s rules will likely

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result in the imposition of appropriate sanctions, which may include monetary and evidentiary

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sanctions.

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IT IS SO ORDERED.

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Dated: April 24, 2017
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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