Brandon v. Sherwood et al

Filing 17

ORDER denying 12 Motion to Strike ; granting in part 14 Motion for Leave to File Excess Pages; denying as moot 16 Motion to Stay. Signed by Judge Dana L. Christensen on 11/1/2016.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

In re:

CV 16-113-M-DLC

STEVEN VINCENT SANN,
ORDER

Debtor.

CHRISTY L. BRANDON, as Chapter 7
Trustee of the Estate of Steven Vincent
Sann,
Appellee/Plaintiff,
vs.
MICHAEL J. SHERWOOD, and
MICHAEL J. SHERWOOD, P.C.,
Appellants/Defendants.

Appellee Christy L. Brandon, Chapter 7 Trustee for the bankruptcy estate of
Debtor Steven Vincent Sann, moves to strike Appellants Michael J. Sherwood and
Michael J. Sherwood, P.C.'s opening brief, which totals 13,529 words, for failure
to comply with the word limits for briefs in a bankruptcy appeal. Appellants have
subsequently responded and move the Court for clarification about whether the
6,500 word limit in Standing Order Number 12 (Revised) applies. In the
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alternative, ifthe 6,500 word limit does apply, Appellants move for either leave to
file an oversized brief or an extension to file the opening brief within the 6,500
word limit. Appellee opposes the filing of an oversized brief, but would not
oppose the requested extension.
First, the Court finds that Standing Order Number 12 (Revised) applies.
This Order clarified that although the Federal Rules of Bankruptcy Procedure
allow for greater word limits in bankruptcy appeals, word limits for bankruptcy
appeals in this District would mirror the limits imposed in this District Local
Rules.
Next, Appellants request that they be allowed to file an oversized brief
because of the complexity of this case. The Court is familiar with this case and
agrees that it is complex. As such, the Court will allow Appellants to file an
oversized opening brief and deny Appellee's motion to strike. However, the Court
will set the word limit at 10,000 words and order Appellants to file their opening
brief on or before November 4, 2016. The Court cautions Appellants that if it
intends on filing oversized briefs in the future, it move for leave well in advance
of the

fil~ng

deadline. Finally, the parties have filed a joint motion to stay the

briefing schedule in this case until the Court resolves the word limit issue.

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Because this Order resolves the word count dispute, the Court will deny the joint
motion to stay as moot.
IT IS ORDERED that Appellee's Motion to Strike (Doc. 12) is DENIED.
IT IS FURTHER ORDERED that Appellants' Motion for Leave to File
Excess Pages Regarding Opening Brief Word (Doc. 14) is GRANTED in part and
DENIED in part. Appellants shall their opening brief on or before November 4,
2016, with a word limit of 10,000 words.
IT IS FURTHER ORDERED that the Joint Motion to Stay (Doc. 16) is
DENIED as moot.
Dated this

I 'it day of November, 2016.

Dana L. Christensen, Chief Judge
United States District Court

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