McGibney et al v. Retzlaff
Filing
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ORDER re Motions: 72 MOTION Strike Plaintiffs' Opposition to Anti-SLAPP Motion is DENIED; 73 MOTION to Appear by Telephone is DENIED; 74 MOTION for Extension of Time to File Reply and For Additional Pages is GRANTED IN PART, DENIED IN P ART; 76 Emergency MOTION to Seal Case is DENIED without prejudice. Page 26 of Plaintiffs' Opposition 69 is STRICKEN, preserving the signature. The deadline for Defendant's Reply is extended to 10/24/2014, no excess pages permitted. Signed by Hon. Beth Labson Freeman on 10/17/2014. (blflc2, COURT STAFF) (Filed on 10/17/2014)
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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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JAMES MCGIBNEY, et al.,
Case No. 14-cv-01059-BLF
Plaintiffs,
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v.
ORDER RE MOTIONS
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THOMAS RETZLAFF, et al.,
[Re: ECF 72, 73, 74, 76]
Defendants.
United States District Court
Northern District of California
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Before the Court are several administrative motions filed by pro se defendant Thomas
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Retzlaff. ECF 72, 73, 74, 76. Plaintiffs oppose one of these motions. Pl.’s Opp., ECF 75.
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Having considered the written submissions of all parties, the Court rules as follows:
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Defendant’s “Motion to Strike Plaintiffs’ Opposition to Anti-SLAPP Motion for Rules
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Violations,” ECF 72, is DENIED. Any prejudice from Plaintiffs’ delay in filing their opposition
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during a time when the electronic filing system was out of service can be remedied by an
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extension of time for Defendant to file his reply. Plaintiffs’ 26-page “Opposition to Defendant
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Thomas Retzlaff’s Special Motion to Strike,” ECF 69, exceeds the page limits set forth in the
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Civil Local Rules. As such, the Court STRIKES page 26 of Plaintiffs’ brief, preserving the
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signature.
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Defendant’s “Request for Telephonic Appearance at Motion Hearing,” ECF 73, wherein
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Defendant seeks to appear by telephone at the November 20, 2014 and January 22, 2015 hearings
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on Defendant’s motions is DENIED.
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Defendant’s “Administrative Motion to Extend Time to File Reply to Plaintiffs’ Anti-
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SLAPP Response and Request for Increase in Page Length,” ECF 74, is GRANTED IN PART and
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DENIED IN PART. Defendant’s request for an extension of time in which to file his reply is
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GRANTED, and the reply shall be due on or by October 24, 2014. Defendant’s request for
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excess pages is DENIED.
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Defendant’s “Administrative Motion to Seal the Record from Public View,” ECF 76, is
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DENIED without prejudice. Requests to seal court records must identify the specific documents
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or portions of documents sought to be sealed, be accompanied by a declaration setting forth
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compelling reasons for sealing, and be narrowly tailored to seek sealing only of sealable material.
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See generally Civ. L.R. 79-5. This denial is without prejudice to Defendant re-filing an
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administrative motion to seal that specifically identifies the portions of the record sought to be
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sealed and otherwise complies with the requirements of Civil Local Rule 79-5.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: October 17, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge
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