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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STURGEON-GARCIA, Case No. 16-cv-00526-YGR Plaintiff, 8 v. ORDER STRIKING BRIEFS 9 10 Re: Dkt. No. 10, 14, 15 CAGNO, Defendant. United States District Court Northern District of California 11 12 13 14 To All Parties and Their Attorneys of Record: The Court is in receipt of the briefing in the above-referenced appeal. On February 1, 15 2016, Dkt. No. 2, the parties were explicitly advised by direct and actual notification from this 16 Court that: 17 19 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. 20 The parties have submitted briefs in flagrant disregard of this rule: 48 pages (appellant’s 18 21 brief), 40 pages (appellee’s brief), and 29 pages (appellant’s reply). The briefs are hereby 22 STRICKEN. 23 The parties shall meet and confer and agree on briefing schedule, not to exceed 45 days 24 from the date of this Order, to file revised briefs within the page limitations allowed by this Court. 25 The Court has briefly reviewed the filings and any request to extend beyond the page limitations is 26 DENIED. However, the Court understands that the instant dispute has extended for years at 27 significant cost to the parties. Should the option exist to refile the appeal with the Bankruptcy 28 1 Appellate Panel, and therefore avoid the cost of rewriting the briefs to eliminate almost one-half of 2 the pages, the Court will entertain such a request. 3 Accordingly, the parties shall advise the Court of the results of their meet and confer 4 efforts by February 10, 2017. The Court hereby SETS a compliance hearing for submission of this 5 update on February, 17, 2017 at 9:01 a.m. in the Federal Courthouse, 1301 Clay Street, Oakland, 6 California, Courtroom 1. If compliance is complete, the parties need not appear and the 7 compliance hearing will be taken off calendar. 8 9 10 United States District Court Northern District of California 11 IT IS SO ORDERED. Dated: February 2, 2017 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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