Levtec, LLC, v. Barkan et al

Filing 64

ENTRY AND ORDER GRANTING DEFENDANT TURN, INC.'S MOTION TO STRIKE PLAINTIFF LEVTEC, LLC'S SUPPLEMENTAL MEMORANDUM AND EXHIBIT (DOC. 63 ) : Plaintiff failed to seek leave of Court to file the Supplemental Memorandum and partial deposition t ranscript in violation of Local Rule 7.2. As a result, Defendant Turns Motion to Strike (Doc. 63 ) is GRANTED. The Clerk is directed to STRIKE the Supplemental Memorandum (Doc. 62 ) and the partial deposition transcript attached thereto as Exhibit 6 (Doc. 62-6). Exhibits 1 through 5 (Docs. 62-1 62-5) to the Supplemental Memorandum shall remain filed under seal. Signed by Judge Thomas M. Rose on 6/16/16. (ep)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LEVTEC, LLC,
Plaintiff,
v.
MICHELLE BARKAN, et al.,
Defendants.

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Case No. 3:14-cv-00276
Judge Thomas M. Rose

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ENTRY AND ORDER GRANTING DEFENDANT TURN, INC.’S MOTION
TO STRIKE PLAINTIFF LEVTEC, LLC’S SUPPLEMENTAL
MEMORANDUM AND EXHIBIT (DOC. 63)
______________________________________________________________________________
This case is before the Court on Defendant Turn, Inc.’s Motion to Strike (Doc. 63)
Plaintiff Levtec, LLC’s Supplemental Memorandum and Exhibit. On June 7, 2016, Levtec filed
under seal the Supplemental Memorandum (Doc. 62) in support of its Opposition to Defendants’
Motions for Summary Judgment. Attached to the Supplemental Memorandum are six exhibits.
(Docs. 62-1 – 62-6.) The first five exhibits are emails that the Court granted Levtec leave to file
under seal. (Doc. 61.) The last exhibit is a partial deposition transcript. Levtec never sought
leave to file the Supplemental Memorandum or partial deposition transcript, much less leave to
file those documents under seal. Turn therefore moves to strike the Supplemental Memorandum
and partial deposition transcript or, in the alternative, requests leave to respond to them.
The Court’s Local Rules provides that all motions shall be accompanied by a supporting
memorandum, and that the parties may also file opposing and reply memoranda within certain
time periods.

S.D. Ohio Civ. R. 7.2(a)(1)-(2).

“No additional memoranda beyond those

enumerated are permitted except upon leave of court for good cause shown.” S.D. Ohio Civ. R.
7.2(a)(2). Levtec failed to seek leave of Court to file the Supplemental Memorandum and partial
deposition transcript in violation of Local Rule 7.2. As a result, Turn’s Motion to Strike (Doc.
63) is GRANTED. The Clerk is directed to STRIKE the Supplemental Memorandum (Doc. 62)
and the partial deposition transcript attached thereto as Exhibit 6 (Doc. 62-6). Exhibits 1 through
5 (Docs. 62-1 – 62-5) to the Supplemental Memorandum shall remain filed under seal.
DONE and ORDERED in Dayton, Ohio, this Thursday, June 16, 2016.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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