Speare Tools Inc v. Klein Tools Inc
Filing
46
ORDER signed by Judge Rudolph T. Randa on 3/7/2014. 37 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File an Expedited Motion in Excess of Three Pages DENIED. Clerk of Court DIRECTED TO FILE [37-1] Proposed Motion. It must be treated and briefed in accordance with Civil L.R. 7(a)-(f). 45 Rule 7(h) Expedited Non-Dispositive MOTION to Strike Plaintiff's Reply Brief GRANTED. Clerk of Court DIRECTED TO STRIKE 44 Reply Brief in Support. (cc: all counsel)(cb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SPEARE TOOLS, INC.,
Plaintiff,
v.
Case No. 13-C-324
KLEIN TOOLS, INC.,
Defendant.
DECISION AND ORDER
Presently before the Court is Plaintiff Speare Tools, Inc.’s (“Speare”) Civil L.
R. 7(h) (E.D. Wis.) expedited non-dispositive motion for leave to file an expedited
motion to compel in excess of three pages. (ECF No. 37.) Speare filed a reply brief
in support of the motion. (ECF No. 44.) Defendant Klein Tools, Inc. (“Klein”)
opposes the motion, and filed a motion to strike Speare’s reply brief. (ECF Nos. 43,
45.)
Speare provides the following reasons for asking to file a ten-page expedited
motion, rather than the three-page motion established by the rule:
(1) Written
discovery requests that are restated; (2) Almost two months of correspondence
culminating in the motion to compel; and (3) Because this is the first “substantive”
motion before the Court, providing a background of the parties and the case is
warranted.
Klein asserts that, as illustrated by the length of the motion and supporting
documentation, the issues raised by Speare’s motion are too complicated to be
resolved on an expedited motion.
Civil Local Rule 7(h)(2) states:
The motion must contain the material facts, argument,
and, if necessary, counsel’s certification pursuant to Civil
L. R. 37. The motion must not exceed 3 pages excluding
any caption and signature block. The movant may not
file a separate memorandum with the motion. The movant
may file with the motion an affidavit or declaration for
purposes of (1) attesting to facts pertinent to the motion
and/or (2) authenticating documents relevant to the
issue(s) raised in the motion. The movant’s affidavit or
declaration may not exceed 2 pages. The respondent
must file a memorandum in opposition to the motion
within 7 days of service of the motion, unless otherwise
ordered by the Court. The respondent’s memorandum
must not exceed 3 pages. The respondent may file with
its memorandum an affidavit or declaration for purposes
of (1) attesting to facts pertinent to the respondent’s
memorandum and/or (2) authenticating documents
relevant to the issue(s) raised in the motion. The
respondent’s affidavit or declaration may not exceed 2
pages. No reply brief is permitted absent leave of
Court.
(Emphasis added).
The strict limitations of Civ. L.R. 7(h) regarding the length, type of filings, and
timing of the filings with respect to an expedited motion were designed to allow for
the presentation of issues in an abbreviated format that may also allow for a quicker
resolution of those motions. The rule severely limits the length of both the initial
motion and the response. Speare’s motion does not fit within the constraints or the
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intent of the Rule. Therefore, Speare’s expedited non-dispositive motion for leave to
file an expedited motion to compel in excess of three pages is denied. (ECF No. 37.)
Speare’s motion to compel Klein’s full interrogatory response and production of
documents (ECF No. 37-1) will be filed; however it must be treated and briefed in
accordance with Civil L. R. 7(a)-(f).
Klein’s motion to strike Speare’s reply brief is based on the rule’s prohibition
on filing a reply brief in support of an expedited motion unless authorized by the
Court. Although collateral motions are discouraged, Speare was not authorized to file
a reply brief in support of its Civil L.R. 7(h) motion. Therefore, Klein’s motion to
strike is granted.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Speare’s expedited non-dispositive motion for leave to file an expedited
motion in excess of three pages (ECF No. 37) is DENIED;
The Clerk of Court is directed to FILE Speare’s motion to compel Klein’s full
interrogatory response and production of documents. (ECF No. 37-1.) The motion
must be treated and briefed in accordance with Civil L.R. 7(a)-(f).
Klein’s Rule 7(h) expedited non-dispositive motion to strike Speare’s reply
brief in support of its Rule 7(h) expedited non-dispositive motion for leave to file an
expedited motion in excess of three pages (ECF No. 45) is GRANTED; and
The Clerk of Court is directed to STRIKE Speare’s reply brief in support of its
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Rule 7(h) expedited non-dispositive motion for leave to file an expedited motion in
excess of three pages (ECF No. 44).
Dated at Milwaukee, Wisconsin, this 7th day of March, 2014.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge
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