Sandhu v. Volvo Cars of North America, LLC

Filing 39

ORDER STRIKING PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY AND VCUSA'S RESPONSE THERETO. Signed by Judge Beth Labson Freeman on 12/20/2016. (blflc2S, COURT STAFF) (Filed on 12/20/2016)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4
5

BALJINDER SANDHU,

Case No. 16-cv-04987-BLF

Plaintiff,
6
v.
7
8

VOLVO CARS OF NORTH AMERICA,
LLC, et al.,

9

Defendants.

ORDER STRIKING PLAINTIFF'S
NOTICE OF SUPPLEMENTAL
AUTHORITY AND VCUSA'S
RESPONSE THERETO
[Re: ECF 37, 38]

10

United States District Court
Northern District of California

11

On December 16, 2016, Plaintiff filed a notice of supplemental authority in support of his

12

motion to remand the action to Santa Clara Superior Court. ECF 37. Defendant Volvo Car USA,

13

LLC (“VCUSA”) subsequently filed a substantive response to Plaintiff’s notice. ECF 38. Under

14

Civil Local Rule 7-3(d), once a reply is filed, but before the noticed hearing date, “no additional

15

memoranda, papers or letters may be filed without prior Court approval,” with certain enumerated

16

exceptions. Civ. L.R. 7-3(d). One of the exceptions is that “counsel may bring to the Court’s

17

attention a relevant judicial opinion published after the date the opposition or reply was filed . . .

18

without argument.” Civ. L.R. 7-3(d)(2). Here, Plaintiff’s notice includes argument, and the Court

19

did not authorize Defendant’s response.

20

Because Plaintiff’s notice and Defendant’s response violate Civil Local Rule 7-3(d), the

21

Court STRIKES them. The Court will not consider the arguments raised in Plaintiff’s notice or in

22

Defendant’s response, but it will consider the cited cases to the extent the Court finds them

23

relevant.

24

IT IS SO ORDERED.

25
26
27
28

Dated: December 20, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge