Ian McCray v. Unite Here! Local 19
Filing
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ORDER STRIKING 41 PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 10/24/2016. (blflc2S, COURT STAFF) (Filed on 10/24/2016)
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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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IAN MCCRAY,
Case No. 16-cv-01233-BLF
Plaintiff,
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v.
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UNITE HERE! LOCAL 19,
Defendant.
ORDER STRIKING PLAINTIFF'S
OPPOSITION TO DEFENDANT'S
MOTION TO DISMISS PLAINTIFF'S
FIRST AMENDED COMPLAINT
[Re: ECF 41]
United States District Court
Northern District of California
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On October 17, 2016, Plaintiff Ian McCray filed his opposition to Defendant’s motion to
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dismiss. Opp’n, ECF 41. Because the opposition violates the Court’s Standing Order re Civil
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Cases and Civ. L.R. 3-4(c)(2) with respect to the use of footnotes, Plaintiff’s opposition is
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STRICKEN.
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This Court’s Standing Order re Civil Cases, subsection E.4 provides that footnotes “are to
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be used sparingly and citations to textual matter shall not be contained in footnotes.” Several
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pages of the opposition contain lengthy footnotes—and, on one page, a footnote that is more than
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half a page. Opp’n 22. Through this use of footnotes, Plaintiff included 111 lines of single-
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spaced text—the equivalent of 4 pages had Plaintiff complied with the Civil Local Rules’
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requirement that text in the body of the brief be double-spaced with no more than 28 lines per
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page. See Civ. L.R. 3-4(c)(2). Had Plaintiff complied with these rules, his brief would have been
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oversized, at 29 pages.
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Because Plaintiff’s use of footnotes violates the Court’s Standing Order and the Civil
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Local Rules, the Court STRIKES Plaintiff’s opposition to Defendant’s motion to dismiss the first
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amended complaint. The Court ORDERS Plaintiff to file an opposition that complies with the
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Standing Order and Civil Local Rules; contains few footnotes, if any; and does not exceed 25
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pages inclusive of the signature page by no later than October 31, 2016. This order does not affect
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Defendant’s reply, which remains due October 24, 2016.
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IT IS SO ORDERED.
Dated: October 24, 2016
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BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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