San Pedro-Salcedo v. The Haagen-Dazs Shoppe Company, Inc., et al

Filing 109

Order re 108 Motion for Leave to File Excess Pages Signed by Judge Edward J. Davila on 9/12/2019.(ejdlc1S, COURT STAFF) (Filed on 9/12/2019)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 10 United States District Court Northern District of California 11 12 13 14 15 MELANIE G. SAN PEDRO-SALCEDO, Plaintiff, v. THE HAAGEN-DAZS SHOPPE COMPANY, INC., Case No. 5:17-cv-03504-EJD ORDER RE DEFENDANT’S ADMINISTRATIVE MOTION TO INCREASE PAGE LIMIT Re: Dkt. No. 108 Defendant. Defendant has filed an administrative motion seeking leave to file a reply brief in support 16 of its summary judgment motion that exceeds the 15-page limit set by Civil Local Rule 7-2(c). 17 Defendant contends that good cause exists because (a) Plaintiff’s opposition brief (Dkt. No. 100) 18 contains numerous, substantive footnotes that do not comply with the court’s standing order for 19 civil cases, and (b) the opposition improperly relies on previously undisclosed documents. The 20 court’s standing order provides that “[f]ootnotes shall be in no less than 12-point type and shall be 21 double-spaced.” Standing Order § IV.A.4. Plaintiff plainly did not comply with the standing 22 order, and in doing so, Plaintiff also violated the 25-page limit set by Civil Local Rule 7-2(a). The 23 24 25 26 27 28 court will not consider any of the footnotes in plaintiff’s opposition. Cho v. UCBH Holdings Inc., 2011 WL 3809903, at *18 (N.D. Cal. 2011). As to Defendants’ second argument, Civil Local Rule 7-2(c) provides, “Any evidentiary . . . objections to the opposition must be contained within the reply brief or memorandum.” Accordingly, neither argument justifies allowing Defendant to file a reply brief that exceeds the page limit set by the Civil Local Rules. Case No.: 5:17-cv-03504-EJD ORDER RE DEFENDANTS’ ADMINISTRATIVE MOTION TO INCREASE PAGE LIMIT 1 1 2 3 4 5 6 Defendant’s administrative motion is denied, and the court will not consider any footnotes that fail to comply with the court’s standing order. IT IS SO ORDERED. Dated: September 12, 2019 ______________________________________ EDWARD J. DAVILA United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 5:17-cv-03504-EJD ORDER RE DEFENDANTS’ ADMINISTRATIVE MOTION TO INCREASE PAGE LIMIT 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?