Keating et al v. Jastremski et al

Filing 448

ORDER Regarding Briefing. Signed by Judge M. James Lorenz on 7/23/2019. (Documents 444 -1, 446 , 447 stricken per order)(lrf) (Additional attachment(s) added on 7/23/2019: # 1 Rejected Document 444-1, # 2 Rejected Document 446, # 3 Rejected Document 447) (lrf).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JEREMY L. KEATING ET AL.,

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Plaintiffs,

CASE NO. 3:15-cv-00057-L-AGS
ORDER REGARDING BRIEFING

v.
JOHN A. JASTREMSKI ET AL.,

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Defendants.
AND RELATED CROSS-ACTIONS.

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On June 27, 2018, the Court appointed Hon. Ronald S. Prager (Ret.) as Special

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Master pursuant to Rule 53 of the Federal Rules of Civil Procedure (docs. no. 316,

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323) to prepare a report and recommendation on two pending motions for sanctions

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(docs. no. 157, 275) as well as related fee applications (docs. no. 299-301). On June

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21, 2019, the Special Master issued a recommendation ("Recommendation") on the

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pending motion for terminating sanctions (doc. no. 157). The Recommendation was

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filed and served on June 24, 2019 (doc. no. 428).

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The time to object to the Recommendation or move to adopt or modify it

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expired on July 15, 2019. See Fed. R. Civ. Proc. 53(f)(2). On July 2, 2019,

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Counterclaimant The Retirement Group, LLC ("TRG") filed a motion to amend its
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counterclaim (doc. no. 439), and on July 3, 2019, it filed a motion to adopt the

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Recommendation (doc. no. 442 ("Motion to Adopt")).

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On July 12, 2019, Counter Defendant Lloyd Silvers ("Silvers") filed an

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objection to the Recommendation and indicated that he also intends to oppose TRG's

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Motion to Adopt (doc. no. 443). On July 15, 2019, Counter Defendants Steven Dalton

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("Dalton") and Ardent Retirement Planning, LLC ("Ardent") filed their objection to the

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Recommendation, attaching their closing brief from the Special Master proceeding,

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including more than one hundred pages of exhibits, and indicating their intention to

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also oppose TRG's Motion to Adopt (doc. no. 444). Silvers filed a notice of joinder

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(doc. no. 445).
On July 16, 2019, TRG filed a response to Silvers's objection (doc. no. 446). On

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July 22, 2019, TRG filed a brief in response (doc. no. 447) to Dalton's and Ardent's

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closing brief attached to their objection.

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As is evident from the briefing so far, it is unclear whether Silvers, Dalton and

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Ardent intend to object twice, once with their already filed objections, and a second

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time in their oppositions to TRG's Motion to Adopt, and whether TRG intends to reply

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twice, once in response to the objections and again in its reply in support of Motion to

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Adopt. All of the foregoing filings address a single issue – whether the

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Recommendation should be adopted by this Court. Accordingly, the briefing fails to

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comply with the undersigned's Standing Order for Civil Cases.

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In furtherance of efficient and orderly briefing, and consistent with the Standing
Order for Civil Cases, it is ordered as follows:
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Silvers, Dalton and Ardent shall state all of their arguments why the

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Recommendation should not be adopted in a joint single 25-page memorandum of

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points and authorities filed in opposition to TRG's Motion to Adopt. See Civ. Loc. R.

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7.1.h. To the extent they wish to rely on any arguments made in the closing brief
Dalton and Ardent presented to the Special Master, the arguments must be stated in the

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opposition memorandum of points and authorities, rather than incorporated by

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reference. The opposition memorandum of points and authorities, together with any

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supporting evidence, shall be filed and served no later than July 29, 2019. See Civ.

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Loc. R. 7.1.e.

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2.

TRG shall state all of its responses to Silvers's, Dalton's and Ardent's

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objections and opposition arguments in a single 10-page reply memorandum of points

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and authorities, which shall be filed and served, together with any supporting evidence,

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no later than August 5, 2019. See Civ. Loc. R. 7.1.e. & h.

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3.

The Court will not entertain additional briefing without prior leave of

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The Clerk shall strike docs. no. 444-1, 446 and 447 for failure to comply

Court.

with the Standing Order for Civil Cases.
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The parties shall timely comply with the ECF Policies and Procedures

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§2.e. To the extent they have not complied so far (see, e.g., doc. no. 432), courtesy

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copies must be delivered no later than noon on July 26, 2019, or the related filings will

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be stricken from the record.

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IT IS SO ORDERED.

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Dated: July 23, 2019

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