Morris v. Ernst & Young, LLP et al

Filing 46

Order by Hon. Ronald M. Whyte denying 43 Stipulation(rmwlc1, COURT STAFF) (Filed on 1/24/2013)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6
7

STEPHEN MORRIS and KELLY
McDANIEL, on behalf of themselves and all
others similarly situated,

8
9
10

Plaintiffs,
v.
ERNST & YOUNG, LLP, and ERNST &
YOUNG U.S., LLP,

Case No. 12-cv-04964-RMW (HRL)
ORDER DENYING MOTION TO
EXCEED APPLICABLE PAGE LIMIT
FOR MOTION TO DISMISS, OR IN THE
ALTERNATIVE, STAY PROCEEDINGS
AND COMPEL ARBITRATION
BRIEFING
[Re Dkt. No. 43]

11
Defendants.
12
13
14

On January 23, 2013, the parties filed a proposed order and stipulation to extend the applicable

15

page limit by ten (10) pages for both the opposition and reply briefing to defendants' motion to dismiss,

16

or in the alternative, stay proceedings and compel arbitration.

17

Under Civil Local Rule 7-4(b), "unless the court expressly orders otherwise pursuant to a

18

party's request made prior to the due date, briefs or memoranda filed with opposition papers may not

19

exceed 25 pages of text and the reply brief or memorandum may not exceed 15 pages of text." Civil

20

Local Rule 7-11(a), in turn, provides that a motion for an order on a miscellaneous administrative

21

matter, including a motion to exceed otherwise applicable page limitations, "must set for the

22

specifically . . . the reasons supporting the motion . . ." (emphasis added).

23

The parties fail to provide any explanation in support of the request for ten extra pages for the

24

opposition and reply briefs. Given that defendants' opening brief was well under the 25 page limit

25

pursuant to Civil Local Rule 7-2(b), the court does not see why ten extra pages would be necessary for

26

the opposition and reply briefing. Absent any reason(s) in support of the motion, the court DENIES

27

the motion, without prejudice to re-file.

28

IT IS SO ORDERED.
ORDER DENYING MOTION TO EXCEED APPLICABLE PAGE LIMIT
Case No. 12-cv-04964-RMW (HRL)

1
2

Dated: ___January 24, 2013

__________________________________
United States District Judge

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER DENYING MOTION TO EXCEED APPLICABLE PAGE LIMIT
Case No. 12-cv-04964-RMW (HRL)