UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
September 28, 2011
DEREK WHEAT, A CURRENT PAROLEE, ANTONIO MARTINEZ, A CURRENT PAROLEE, AND SHANDON DAVIS, A
FELON CURRENTLY SERVING A DETERMINATE SENTENCE, ON BEHALF OF THEMSELVES AND A CLASS OF SIMILARLY SITUATED,
STATE OF CALIFORNIA, ET AL.,
The opinion of the court was delivered by: Saundra Brown Armstrong United States District Judge
ORDER DENYING PLAINTIFFS' 11 ADMINISTRATIVE MOTION FOR LEAVE TO FILE 50-PAGE OPPOSITION
Plaintiffs have filed Motion for Administrative Relief Allowing
Plaintiffs to File a
50 Page Opposition to Defendants' Second (15 Page) Motion to
Dismiss the First Amended
Complaint. Dkt. 38. The Court notes that it previously limited
Defendants' motion to 21 dismiss to 15 pages. A 50-page response to a
15-page motion is therefore unnecessary and 22 excessive. See Fleming
v. County of Kane, State of Ill., 855 F.2d 496, 497 (7th Cir. 1988) 23
("[o]verly long briefs . . . may actually hurt a party's case, making
it 'far more likely that 24 meritorious arguments will be lost amid
the mass of detail.'") (quoting in part United States 25
v. Keplinger, 776 F.2d 678, 683 (7th Cir. 1985)). Accordingly, 26
oversized opposition is DENIED. Plaintiffs are granted leave to
file a revised opposition, 28 not to exceed 15 pages, by no later than
October 5, 2011. Defendants may file a revised
IT IS HEREBY ORDERED THAT Plaintiffs' administrative motion to file an reply by October 12, 2011. The motion hearing and case management conference 2 scheduled for October 4, 2011 are CONTINUED to November 14, 2011 at 1:00 p.m. The Court, in its discretion, may resolve the motion without oral argument. Fed. R. Civ. P. 78(b); Civ. L.R. 7-1(b). The parties are advised to check the Court's website to determine 5 whether a court appearance is required. Docket 36 shall be STRICKEN from the record.
This order terminates Docket 38.
IT IS SO ORDERED.
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