Beach Mart, Inc. v. L&L Wings, Inc.

Filing 169

ORDER granting in part and denying in part 168 Motion to Strike or in the Alternative, to Exceed Page Limit and for Extension of Time to Respond. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge James C. Fox on 10/28/2013. (Edwards, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
No. 2:11-CV-44-F

BEACH MART, INC.,
Plaintiff
V.

L&L WINGS, INC.,
Defendant.

L&L WINGS, INC.,
Counterclaimant
V.

BEACH MART, INC.,
Counter Defendant.

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ORDER

This matter is before the court on L&L Wings's Motionto Strike, or, in the Alternative,
Motion to Exceed Page Limit and For Extension of Time to Respond [DE-168]. In the motion,
L&L argues that Beach Mart's memorandum of law in support of its Motion for Sanctions [DE166] exceeds the page limits prescribed by the Local Rules of this court. L&L reasons that the
motion for sanctions relates solely to discovery practices and thus is limited to ten pages under
Local Rule 7.2(e).
Even assuming Beach Mart's motion should be classified as a discovery motion, the court
declines to strike the motion. The court, in its discretion, finds that Beach Mart's motion for
sanctions should not be limited to ten pages. As such, L&L's motion to strike is DENIED.
L&L's motion to exceed page limits and for an extension of time is ALLOWED and it is hereby

ORDERED that L&L may respond in accordance with the local rules governing non-discovery
motions with respect to the page limit and the deadline for responding. Beach Mart may reply in
accordance with the local rules governing non-discovery motions.
SO ORDERED.
A.

This the 2 6 day of October, 2013.

J~ESC. FOX
Senior United States District Judge

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