Bruton v. Gerber Products Company et al

Filing 124

ORDER STRIKING 122 Objection filed by Gerber Products Company. Signed by Judge Lucy H. Koh on 6/18/2014. (lhklc3S, COURT STAFF) (Filed on 6/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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NATALIA BRUTON, individually and on behalf)
of all others similarly situated,
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Plaintiff,
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v.
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GERBER PRODUCTS COMPANY,
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Defendant.
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Case No.: 12-CV-02412-LHK
ORDER STRIKING DEFENDANT’S
EVIDENTIARY OBJECTIONS TO
REPLY DECLARATION OF DR. ORAL
CAPPS, JR.

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Defendant Gerber Products Company (“Defendant”) has filed Evidentiary Objections to the
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Reply Declaration of Dr. Oral Capps, Jr. (“Objections”), wherein Defendant objects to allegedly
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new and improper evidence contained in Plaintiff Natalia Bruton’s (“Plaintiff”) Reply in Support
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of Class Certification. See ECF No. 122. Civil Local Rule 7-3(d)(1) governs the submission of
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objections to evidence contained in a party’s reply brief. This rule requires that any evidentiary
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objections be filed no more than seven days after the reply brief is filed and states that any
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evidentiary objections “may not exceed 5 pages of text.” Civ. Local R. 7-3(d)(1).
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Defendant’s Objections comply with neither of these requirements. Defendants filed their
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Objections on June 17, 2014—over two months after Plaintiff filed her reply brief on April 3,
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2014. See ECF Nos. 110, 122. Furthermore, the Objections are fifteen pages in length. See ECF
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Case No.: 12-CV-02412-LHK
ORDER STRIKING DEFENDANT’S EVIDENTIARY OBJECTIONS TO REPLY DECLARATION OF DR. ORAL
CAPPS, JR.

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No. 122. Accordingly, the Court STRIKES Defendant’s Objections for failure to comply with Civil

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Local Rule 7-3(d)(1).

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IT IS SO ORDERED.

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Dated: June 18, 2014

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 12-CV-02412-LHK
ORDER STRIKING DEFENDANT’S EVIDENTIARY OBJECTIONS TO REPLY DECLARATION OF DR. ORAL
CAPPS, JR.