Aquino v. County of Monterey Sheriff's Department et al

Filing 202

ORDER RE: 198 MOTION TO STRIKE PLAINTIFF'S UNTIMELY FILED SUPPLEMENTAL BRIEFING. Signed by Judge Edward J. Davila on 7/24/2018. (ejdlc2S, COURT STAFF) (Filed on 7/24/2018)

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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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NICOLAS AQUINO,

Case No. 5:14-cv-03387-EJD

Plaintiff,
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ORDER RE: MOTION TO STRIKE
PLAINTIFF'S UNTIMELY FILED
SUPPLEMENTAL BRIEFING

v.
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United States District Court
Northern District of California

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COUNTY OF MONTEREY SHERIFF'S
DEPARTMENT, et al.,

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Defendants.

Re: Dkt. No. 198

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On July 17, 2018, the Court requested simultaneous supplemental briefing, due July 19,

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2018 at 12:00 p.m. Dkt. No. 192. Defendants timely filed their brief; Plaintiff, however, filed his

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brief more than 24 hours late. Dkt. Nos. 195, 197. According to Plaintiff’s counsel, a

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“calendaring error” caused the delay. Dkt. No. 199. Defendants now move to strike Plaintiff’s

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supplemental brief. Dkt. No. 198.

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“[I]t should never be forgotten that the attorney of record is ultimately responsible for both

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the form and the content of the materials submitted,” including compliance with deadlines. Dela

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Rosa v. Scottsdale Mem'l Health Sys., Inc., 136 F.3d 1241, 1244 (9th Cir. 1998). Plaintiff bore

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that responsibility here, and the Court will not tolerate untimeliness or other failures to comply

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with its orders. Accordingly, the Court has limited its consideration of Plaintiff’s supplemental

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brief to the same arguments and substantive material which he discussed on the record at the July

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17, 2018 hearing. Since the Court has now completed its consideration of the parties’

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supplemental briefs and ruled on their remaining motions in limine, it need not further consider the

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Case No.: 5:14-cv-03387-EJD
ORDER RE: MOTION TO STRIKE PLAINTIFF'S UNTIMELY FILED SUPPLEMENTAL
BRIEFING
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instant motion. Defendants’ motion to strike is TERMINATED AS MOOT.
IT IS SO ORDERED.
Dated: July 24, 2018
______________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:14-cv-03387-EJD
ORDER RE: MOTION TO STRIKE PLAINTIFF'S UNTIMELY FILED SUPPLEMENTAL
BRIEFING
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