Free Range Content, Inc. v. Google Inc.
Filing
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ORDER STRIKING 99 PLAINTIFFS' OPPOSITION TO MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 11/16/2015. (blflc2S, COURT STAFF) (Filed on 11/16/2015)
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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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FREE RANGE CONTENT, INC., et al.,
Case No. 14-cv-02329-BLF
Plaintiffs,
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v.
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GOOGLE INC.,
Defendant.
[Re: ECF 99, 100]
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United States District Court
Northern District of California
ORDER STRIKING PLAINTIFFS'
OPPOSITION TO MOTION TO
DISMISS THIRD AMENDED
COMPLAINT
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On November 10, 2015, Plaintiffs filed their Opposition to Defendant’s Motion to Dismiss.
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ECF 99. Defendant objects to the Opposition on the grounds that it violates the Court’s Standing
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Order Re Civil Cases with respect to the use of footnotes. ECF 100. Plaintiffs filed a brief in
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response to Defendant’s objection. ECF 101.
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The Standing Order provides that footnotes “are to be used sparingly and citations to
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textual matter shall not be contained in footnotes.” Standing Order at 4. Every page of the
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Opposition contains at least two—and, on one page, eight—footnotes. See Opp. at 3. The lines
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consumed by single-spaced footnotes outnumber the lines of double-spaced text on nearly half of
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the brief’s pages. See Opp., see also Def.’s Obj. at 1. Defendant notes that, through this use of
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footnotes, Plaintiffs included 451 lines of single-spaced text—the equivalent of more than 16
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pages had Plaintiffs complied with the Local Civil Rules’ requirement that text in the body of the
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brief be double-spaced with no more than 28 lines per page, see Civ. L. R. 3-4(c)(2).
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The Court has previously remarked on Plaintiffs’ use of “copious (and frankly excessive)
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footnotes.” See Order Granting Mot. for Recon., ECF 91 at 6, n. 2. Plaintiffs’ use of footnotes in
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its Opposition clearly violates the Court’s Standing Order.
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Accordingly, the Court STRIKES Plaintiffs’ Opposition to Defendant’s Motion to Dismiss
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the Third Amended Complaint. The Court ORDERS Plaintiffs to file an opposition that complies
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with the Standing Order and Local Civil Rules, contains no footnotes, and does not exceed 25
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pages inclusive of the signature page by no later than November 25, 2015. Pursuant to the parties’
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stipulated briefing schedule, Defendant’s Reply shall be due no later than December 16, 2015.
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IT IS SO ORDERED.
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Dated: November 16, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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