Opinion
06-CR-6229 CJS
10-17-2019
UNITED STATES OF AMERICA, v. KEVIN LAMONT ANDERSON, Defendant.
MEMORANDUM AND ORDER
Siragusa, J. Before the Court is the government's motion to strike papers filed by Kevin Lamont Anderson ("Anderson") because Anderson has exceeded the page limits set by the Court. Gov't's Mot. to Dismiss, Nov. 29, 2018, ECF No. 888. Anderson's memorandum in support of his motion far exceeds the page limits set in the Court's order, entered on November 19, 2018, ECF No. 885, permitting Anderson to file a 40-page memorandum. Consequently, the Court will disregard all pages beyond the 40th. See Clarence, LLC v. Dimension Data Holding, 222 Fed. App'x 563, 566 (9th Cir. 2007) (district court did not abuse its discretion in disregarding material that would exceed page limits). In the alternative, Anderson may choose to file a replacement memorandum that does not exceed the 40-page limit set by the Court. Consequently, the Court hereby
ORDERS, that Anderson may file a replacement motion and memorandum of law not to exceed a total of 40 pages not later than November 15, 2019; and further
ORDERS, that if Anderson fails to file a replacement motion and memorandum of law that complies with the Court's Order, above, the government's response to the present motion and memorandum is due to the Court by December 16, 2019; and further
ORDERS, that if Anderson fails to file a replacement motion and memorandum of law as directed, above, then the government's response is to address only the first 40 pages of the currently filed motion and memorandum of law, ECF No. 886; and further
ORDERS, that if Anderson does file a replacement motion and memorandum of law by November 15, 2019, the government's response is due by December 16, 2019. IT IS SO ORDERED. Dated: October 17, 2019
Rochester, New York
/s/ Charles J. Siragusa
CHARLES J. SIRAGUSA
United States District Judge