Sepehry-Fard v. MB Financial Services
Filing
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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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