Federal Trade Commission v. Ivy Capital, Inc. et al

Filing 326

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 FEDERAL TRADE COMMISSION, 8 2:11-CV-283 JCM (GWF) Plaintiff, 9 10 v. IVY CAPITAL, INC., et al., 11 Defendants. 12 13 ORDER 14 Presently before the court is plaintiff Federal Trade Commission’s (“FTC”) motion for leave 15 to file excess pages. (Doc. # 322). Defendants filed an opposition. (Doc. # 324). Both parties then 16 colluded and filed a stipulation seeking to circumvent the thirty page limitation imposed by local rule 17 7-4, withdrawing defendants’ opposition to plaintiff’s motion seeking leave to file excess pages, and 18 to allow defendants a sixty day extension to respond to plaintiff’s motion for summary judgment. 19 Local rule 7-4 states that “motions shall be limited to thirty (30) pages including the motion 20 but excluding the exhibits.” Local rule 7-4 continues by stating in relevant part “[w]here the court 21 enters an order permitting a longer brief or points of authorities . . . .” Clearly, the rule requires that 22 a party must seek leave of the court prior to filing a motion in excess of thirty pages and the court 23 must enter an order granting the motion before the moving party may file the excessively lengthy 24 motion. 25 FTC filed its summary judgment motion contemporaneously with its motion for leave to file 26 excess pages. (See docs. # 322-23). FTC’s summary judgment is approximately 130 pages–a full 27 100 pages in excess of the limits imposed by local rule 7-4. Further, the summary judgment includes 28 James C. Mahan U.S. District Judge 1 a total of 270 attachments for a combined total of 6,311 pages. 2 The court finds that the FTC knew in the very early stages of drafting its summary judgment 3 motion that the actual motion would well exceed the limitations of the local rule. FTC should have 4 filed the motion for leave to file excess pages during these early stages of preparing the summary 5 judgment motion. Instead, FTC waited to file the motion for leave to file excess pages in 6 conjunction with the summary judgment motion, thereby never really seeking leave of the court to 7 file excess pages. Additionally, the very fact that the FTC requires a full 6,311 pages in an attempt 8 to prove that no genuine issue of material fact exists strongly indicates that many genuine issues of 9 material fact likely exist. This gamesmanship undercuts the court’s authority under local rule 7-4 10 and the court therefore strikes FTC’s motion for summary judgment in its entirety. 11 Should FTC elect not to re-file a summary judgment that comports with local rules, the court 12 grants FTC fourteen days leave to file a response to the pending motion for summary judgment filed 13 by defendant (doc. # 312). 14 Accordingly, 15 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion seeking 16 17 18 19 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. 20 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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