Sepehry-Fard v. MB Financial Services

Filing 94

Order Denying 89 Motion to File Excess Pages; Striking 90 Motion For Leave to File Third Amended Complaint. Signed by Hon. Beth Labson Freeman on 6/27/2014. (blflc2, COURT STAFF) (Filed on 6/27/2014) Vacating ( 89 ) Motion to File Excess Pages and ( 90 ) Motion For Leave to File Third Amended Complaint Hearings set for 08/14/2014 at 9:00 AM. (Additional attachment(s) added on 6/27/2014: # 1 Certificate/Proof of Service) (tsh, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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FAREED SEPEHRY-FARD,

Case No. 13-cv-02784-BLF

Plaintiff,
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v.
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MB FINANCIAL SERVICES,
Defendant.

[Re: ECF Nos. 89, 90]

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United States District Court
Northern District of California

ORDER DENYING MOTION TO FILE
EXCESS PAGES; STRIKING MOTION
FOR LEAVE TO FILE THIRD
AMENDED COMPLAINT

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On June 24, 2014, Plaintiff filed a “Motion to Leave of Court to File An Oversized Brief

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and Motion.” (ECF 89) Plaintiff’s only argument supporting this request is the conclusory

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statement that “[t]his is a complex case and that there are numerous and complex issues that

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require ample articulation which constitute good cause.” (Id. at 1) In fact, the lengthy document

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at issue appears to merge the Plaintiff’s argument as to why he should be granted leave to file an

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amended complaint with his proposed amended complaint. Plaintiff has not articulated good

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cause to file excess pages, and the Court accordingly DENIES Plaintiff’s request.

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Plaintiff also filed a “Motion For Leave of Court to Amend the Complaint and Motion,

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Memorandum of Points and Authorities in Support Thereof.” (ECF 90) It is impossible to discern

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in this 40-page document where Plaintiff’s proposed amended allegations end and his legal

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arguments begin. This oversized motion was filed without first obtaining leave of court to file the

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40-page document. The Court therefore STRIKES the motion for failure to comply with the Civil

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Local Rules.

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If Plaintiff chooses to re-file, his motion for leave to amend should consist of:

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(1)

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A properly noticed motion with memorandum of points and authorities, not
exceeding 25 pages, that states Plaintiff’s arguments as to why the Court should

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grant leave to amend. See Civ. L.R. 7-2, 7-4. The memorandum of points and

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authorities need not restate the contents of the proposed Third Amended

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Complaint.

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(2)

Plaintiff’s proposed Third Amended Complaint, reproduced as a self-contained

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pleading, see Civ. L.R. 10-1, should be attached as an exhibit to the motion. The

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proposed amended complaint should not contain any legal argument.

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No excess pages will be permitted.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: June 27, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

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