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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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 ORDER STRIKING VCUSA'S RESPONSE TO PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY Defendants. [Re: ECF 41] 10 United States District Court Northern District of California 11 12 On December 22, 2016, Plaintiff filed a notice of supplemental authority in support of his 13 motion to remand the action to Santa Clara Superior Court. ECF 40. Defendant Volvo Car USA, 14 LLC (“VCUSA”) subsequently filed a substantive response to Plaintiff’s notice. ECF 40. Under 15 Civil Local Rule 7-3(d), once a reply is filed, but before the noticed hearing date, “no additional 16 memoranda, papers or letters may be filed without prior Court approval,” with certain enumerated 17 exceptions. Civ. L.R. 7-3(d). One of the exceptions is that “counsel may bring to the Court’s 18 attention a relevant judicial opinion published after the date the opposition or reply was filed . . . 19 without argument.” Civ. L.R. 7-3(d)(2). Here, while Plaintiff’s notice complies with the Civil 20 Local Rules, Defendant’s one-page substantive response does not because the Court did not grant 21 VCUSA leave to file the paper. Because VCUSA’s response violates Civil Local Rule 7-3(d), the 22 Court STRIKES it. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: December 27, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge

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