Sandhu v. Volvo Cars of North America, LLC

Filing 43

ORDER STRIKING ( 41 ) VCUSA'S RESPONSE TO PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY. Signed by Judge Beth Labson Freeman on 12/27/2016. (blflc2S, COURT STAFF) (Filed on 12/27/2016) Modified on 12/27/2016 (srnS, COURT STAFF).

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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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BALJINDER SANDHU,

Case No. 16-cv-04987-BLF

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

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ORDER STRIKING VCUSA'S
RESPONSE TO PLAINTIFF'S NOTICE
OF SUPPLEMENTAL AUTHORITY

Defendants.

[Re: ECF 41]

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United States District Court
Northern District of California

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On December 22, 2016, Plaintiff filed a notice of supplemental authority in support of his

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motion to remand the action to Santa Clara Superior Court. ECF 40. Defendant Volvo Car USA,

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LLC (“VCUSA”) subsequently filed a substantive response to Plaintiff’s notice. ECF 40. Under

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

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

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

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

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without argument.” Civ. L.R. 7-3(d)(2). Here, while Plaintiff’s notice complies with the Civil

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Local Rules, Defendant’s one-page substantive response does not because the Court did not grant

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VCUSA leave to file the paper. Because VCUSA’s response violates Civil Local Rule 7-3(d), the

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Court STRIKES it.

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IT IS SO ORDERED.

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Dated: December 27, 2016
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BETH LABSON FREEMAN
United States District Judge