JJCO, Inc. v. Isuzu Motors America, Inc. et al

Filing 452

ORDER DENYING PLAINTIFF'S MOTION TO EXCEED PAGE AND WORD LIMIT TO ITS REPLY MEMORANDUM SUPPORTING ITS MOTION TO ALTER OR AMEND JUDGMENT 451 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/3/10. ("Accordingly, the court strikes Plaintiff's reply. Plaintiff may refile a reply complying with the applicable word or page limitation no later than 4:30 p.m., Tuesday, May 4, 2010.") (emt, )CERTIFICATE OF SERVICEParticipants regis tered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII JJCO, INC., dba JACKSON ISUZU, a Hawaii Corporation, ) ) ) Plaintiff, ) ) vs. ) ) ISUZU MOTORS AMERICA, INC., a ) ) Michigan Corporation, JOHN ) DOES 1-10; JANE DOES 1-10; ) DOE CORPORATIONS 1-10; DOE ) GOVERNMENTAL AGENCIES 1-10; ) DOE PARTNERSHIPS 1-10; DOE ) ENTITIES 1-10, ) ) Defendants. _____________________________ ) CIV. NO. 08-00419 SOM/LEK ORDER DENYING PLAINTIFF'S MOTION TO EXCEED PAGE AND WORD LIMIT TO ITS REPLY MEMORANDUM SUPPORTING ITS MOTION TO ALTER OR AMEND JUDGMENT

ORDER DENYING PLAINTIFF'S MOTION TO EXCEED PAGE AND WORD LIMIT TO PLAINTIFF'S REPLY MEMORANDUM SUPPORTING ITS MOTION TO ALTER OR AMEND JUDGMENT On April 30, 2010, Plaintiff filed its reply in support of its motion to alter or amend judgment. On May 3, 2010,

realizing its reply exceeded page and word limits, Plaintiff filed an ex parte motion to increase the page and word limit to Plaintiff's reply memorandum. Plaintiff "respectfully requests

the Court's consideration of all applicable arguments including those which exceed the page and word limits." Plaintiff also

says that it needed the additional room to "respond adequately to all defense arguments." persuasive. King Decl. ¶ 4. These reasons are not

First, Defendant was able to raise all arguments and Second,

stay within the page limitations for the opposition.

Plaintiff filed this motion after it filed its reply, apparently having drafted the reply without considering any limitation. Third, if the reply includes any argument raised for the first time, that argument need not be considered by a court in any event. reply. See L.R. 7.4. Accordingly, the court strikes Plaintiff's

Plaintiff may refile a reply complying with the

applicable word or page limitation no later than 4:30 p.m., Tuesday, May 4, 2010. IT IS SO ORDERED. DATED: Honolulu, Hawaii, May 3, 2010

/s/ Susan Oki Mollway Susan Oki Mollway Chief United States District Judge JJCO, Inc., v. Isuzu Motors America, Inc, et al., Civ. No. 08-419 Order Denying Plaintiff's Motion to Increase Page and Word Limit to Plaintiff's Reply Memorandum Supporting its Motion to Alter or Amend Judgment.

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