Federal Trade Commission v. Ivy Capital, Inc. et al
Filing
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ORDER Denying 322 Motion for Leave to File Excess Pages. FURTHER ORDERED that 323 Motion for Summary Judgment is STRICKEN. Signed by Judge James C. Mahan on 9/21/12. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FEDERAL TRADE COMMISSION,
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2:11-CV-283 JCM (GWF)
Plaintiff,
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v.
IVY CAPITAL, INC., et al.,
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Defendants.
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ORDER
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Presently before the court is plaintiff Federal Trade Commission’s (“FTC”) motion for leave
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to file excess pages. (Doc. # 322). Defendants filed an opposition. (Doc. # 324). Both parties then
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colluded and filed a stipulation seeking to circumvent the thirty page limitation imposed by local rule
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7-4, withdrawing defendants’ opposition to plaintiff’s motion seeking leave to file excess pages, and
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to allow defendants a sixty day extension to respond to plaintiff’s motion for summary judgment.
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Local rule 7-4 states that “motions shall be limited to thirty (30) pages including the motion
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but excluding the exhibits.” Local rule 7-4 continues by stating in relevant part “[w]here the court
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enters an order permitting a longer brief or points of authorities . . . .” Clearly, the rule requires that
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a party must seek leave of the court prior to filing a motion in excess of thirty pages and the court
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must enter an order granting the motion before the moving party may file the excessively lengthy
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motion.
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FTC filed its summary judgment motion contemporaneously with its motion for leave to file
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excess pages. (See docs. # 322-23). FTC’s summary judgment is approximately 130 pages–a full
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100 pages in excess of the limits imposed by local rule 7-4. Further, the summary judgment includes
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James C. Mahan
U.S. District Judge
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a total of 270 attachments for a combined total of 6,311 pages.
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The court finds that the FTC knew in the very early stages of drafting its summary judgment
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motion that the actual motion would well exceed the limitations of the local rule. FTC should have
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filed the motion for leave to file excess pages during these early stages of preparing the summary
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judgment motion. Instead, FTC waited to file the motion for leave to file excess pages in
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conjunction with the summary judgment motion, thereby never really seeking leave of the court to
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file excess pages. Additionally, the very fact that the FTC requires a full 6,311 pages in an attempt
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to prove that no genuine issue of material fact exists strongly indicates that many genuine issues of
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material fact likely exist. This gamesmanship undercuts the court’s authority under local rule 7-4
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and the court therefore strikes FTC’s motion for summary judgment in its entirety.
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Should FTC elect not to re-file a summary judgment that comports with local rules, the court
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grants FTC fourteen days leave to file a response to the pending motion for summary judgment filed
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by defendant (doc. # 312).
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Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion seeking
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leave to file excess pages (doc. # 322) be, and the same hereby is, DENIED.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for
summary judgment (doc. # 323) be, and the same hereby is, STRICKEN.
DATED September 21, 2012.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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