Whole Leaf USA, LLC et al v. United Security Bank et al

Filing 149

ORDER STRIKING PAGES AND BRIEFS; INSTRUCTIONS TO BOTH PARTIES, re 72 , 148 . Signed by Hon. Beth Labson Freeman on 10/21/2014. (blflc2, COURT STAFF) (Filed on 10/21/2014)

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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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FIELD FRESH FARMS, LLC, et al.,

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Case No. 13-cv-03833-BLF

Plaintiffs,
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v.
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UNITED SECURITY BANK, et al.,

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Defendants.

ORDER STRIKING PAGES AND
BRIEFS; INSTRUCTIONS TO BOTH
PARTIES
[Re: ECF 72, 148]

United States District Court
Northern District of California

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On September 30, 2014, Plaintiffs Field Fresh Farms, LLC and MKM Farms, Inc. filed a

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“Motion for Summary Judgment or Summary Adjudication Against United Security Bank.” ECF

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72. Plaintiffs’ summary judgment motion violates the Civil Local Rules of this district and the

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standing orders of this Court in several ways, as it exceeds the 25 pages in length, does not include

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a table of contents or table of authorities, and is not accompanied by a separate statement. See

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Civ. L.R. 3-4, 7-4; Standing Order re Civil Cases (rev. July 23, 2014). As such, the Court

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STRIKES the last 10 pages of Plaintiffs’ summary judgment brief, preserving the signature.

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Plaintiffs are HEREBY ORDERED to file a table of contents, table of authorities, and separate

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statement for their opening summary judgment brief on or before October 27, 2014. Plaintiffs

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may also choose to file an amended replacement brief that complies with all of the page limits and

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formatting requirements set forth in the applicable local rules and standing orders on or before

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October 27, 2014.1 Should Plaintiffs choose to file an amended brief, it shall not contain any new

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argument. Failure to comply with this order, or with the applicable local rules and standing

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E.g., 25 pages maximum, 28 lines per page, 12-point type for all text including footnotes. See
Civ. L.R. 3-4(c).

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orders, may result in summary denial of Plaintiffs’ motion in total.2

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On October 21, 2014, Defendant United Security Bank filed a “Response/Reply to

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Plaintiffs’ Cross Motion for Summary Judgment” with a separate, 4-page objection to Plaintiffs’

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evidence. ECF 148. Civil Local Rule 7-3 provides that “any evidentiary and procedural

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objections” to the motion or opposition “must be contained within the reply brief or

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memorandum.” See also Standing Order re Civil Cases (rev. July 23, 2014) at 7. Defendant’s

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Response/Reply is accordingly STRICKEN, and Defendants shall file an amended brief on or

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before October 27, 2014 that complies with the local rules.
IT IS SO ORDERED.

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Dated: October 21, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

United States District Court
Northern District of California

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Plaintiffs are further advised to consult this district’s instructions and tutorials on electronic
filing, available at https://ecf.cand.uscourts.gov/cand/tutor/current/.
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