Eco Fiber Inc. v. Yukon Packaging, LLC et al

Filing 28

ORDER denying #26 Motion for Leave to Exceeed Word Count. IT IS FURTHER ORDERED that Defendants to file a single response to the pending motion, not exceeding 5,500 words.IT IS FURTHER ORDERED that Plaintiffs reply brief in support of its motion shall be filed no later than Tuesday, June 11, 2024. Signed by District Judge Frank D. Whitney on 6/5/24. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:24-CV-00484-FDW-SCR
ECO FIBER INC.,

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Plaintiff,
v.
YUKON PACKAGING, LLC et al,
Defendants.

ORDER

THIS MATTER is before the Court on Defendants’ Opposed Motion for Leave to Exceed
Word Count, (Doc. No. 26). In the motion, Defendants contend “[e]ach Defendant has their own
individual facts and arguments that are not necessarily shared . . . [and] each Defendant may elect
to file a respective brief”. (Doc. No. 26, p. 2.) Thus, Defendants seek to file a single brief on behalf
of all Defendants with a word limit extension from 4,500 words to 12,000 words. The Court
disagrees.
Plaintiff’s motion for a preliminary injunction is based on an alleged civil conspiracy
amongst Defendants. Plaintiff filed a single motion articulating its arguments as to each Defendant
within this Court’s word limit. (Doc. No. 11.) After review of the pleadings, the Court is confident
Defendants, each represented by the same counsel, does not need an additional 7,500 word to
efficiently respond to the pending preliminary injunction motion. See, e.g., Grayson v. Anderson,
816 F.3d 262, 269 (4th Cir. 2016) (“[N]eedless inefficiency would undermine a principal purpose
of the Federal Rules of Civil Procedure ‘to secure the just, speedy, and inexpensive determination
of every action and proceeding.’” (quoting Fed. R. Civ. .P. 1)). The Court is willing to provide

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Defendants with a modest word limit extension of 1,000 word, which will similarly be offered to
Plaintiff for purposes of its reply brief.
Finally, this Court has already set a hearing on Plaintiff’s motion, which will provide
Defendants an opportunity to expand on their briefing. The Motion for Leave to Exceed Word
Count is therefore DENIED. The Court DIRECTS Defendants to file a single response to the
pending motion, not exceeding 5,500 words.
In light of the hearing set in an expedited manner at Plaintiff’s request, the Court hereby
DIRECTS Plaintiff to file any reply to Defendants’ response no later than Tuesday, June 11, 2024.
IT IS THEREFORE ORDERED that Defendants’ Motion for Leave to Exceed Word
Count, (Doc. No. 26), is DENIED.
IT IS FURTHER ORDERED that Defendants to file a single response to the pending
motion, not exceeding 5,500 words.
IT IS FURTHER ORDERED that Plaintiff’s reply brief in support of its motion shall be
filed no later than Tuesday, June 11, 2024.
IT IS SO ORDERED.

Signed: June 5, 2024

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