In re: Joseph Michael Cagno

Filing 16

ORDER STRIKING BRIEFS re 10 Appellant's Brief, 14 Appellee's Brief, 15 Appellant's Reply Brief; the Briefs are hereby STRICKEN. Meet and confer by 2/10/17. Compliance hearing for submission of update set 2/17/2017 at 9:01am. Signed by Judge Yvonne Gonzalez Rogers on 2/2/17. (fs, COURT STAFF) (Filed on 2/2/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STURGEON-GARCIA,

Case No. 16-cv-00526-YGR

Plaintiff,
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v.

ORDER STRIKING BRIEFS

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Re: Dkt. No. 10, 14, 15

CAGNO,
Defendant.

United States District Court
Northern District of California

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To All Parties and Their Attorneys of Record:
The Court is in receipt of the briefing in the above-referenced appeal. On February 1,

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2016, Dkt. No. 2, the parties were explicitly advised by direct and actual notification from this

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Court that:

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Briefs shall comply with Bankruptcy Rule 8010; provided however, 50-page and
25-page limits for principal briefs and reply briefs in Bankruptcy Rule 8010(c),
respectively, are reduced to 25 pages and 15 pages.

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The parties have submitted briefs in flagrant disregard of this rule: 48 pages (appellant’s

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brief), 40 pages (appellee’s brief), and 29 pages (appellant’s reply). The briefs are hereby

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STRICKEN.

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The parties shall meet and confer and agree on briefing schedule, not to exceed 45 days

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from the date of this Order, to file revised briefs within the page limitations allowed by this Court.

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The Court has briefly reviewed the filings and any request to extend beyond the page limitations is

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DENIED. However, the Court understands that the instant dispute has extended for years at

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significant cost to the parties. Should the option exist to refile the appeal with the Bankruptcy

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Appellate Panel, and therefore avoid the cost of rewriting the briefs to eliminate almost one-half of

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the pages, the Court will entertain such a request.

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Accordingly, the parties shall advise the Court of the results of their meet and confer

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efforts by February 10, 2017. The Court hereby SETS a compliance hearing for submission of this

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update on February, 17, 2017 at 9:01 a.m. in the Federal Courthouse, 1301 Clay Street, Oakland,

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California, Courtroom 1. If compliance is complete, the parties need not appear and the

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compliance hearing will be taken off calendar.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: February 2, 2017
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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