Butterworth v. American Eagle Outfitters, Inc.

Full title: BRIAN BUTTERWORTH, individually, and on behalf of all other members of the…

Court: United States District Court, E.D. California

Date published: Sep 19, 2011

Case No. l:11-cv-01203-LJO-DLB (E.D. Cal. Sep. 19, 2011)

Opinion

Case No. 1:11-cv-01203-LJO-DLB.

September 19, 2011

MICHAEL G. LEGGIERI, Bar No. 253791, LITTLER MENDELSON, P.C., Sacramento, CA, LEE J. HUTTON, Ohio Bar No. 0006794, Admitted pro hac vice, TIMOTHY S. ANDERSON, Ohio Bar No. 0071593, Admitted pro hac vice, LITTLER MENDELSON, P.C., Cleveland, OH, Attorneys for Defendant, AMERICAN EAGLE OUTFITTERS, INC.

RAUL PEREZ, Bar No. 174687, MELISSA GRANT, Bar No. 205633, SUZY E. LEE, Bar No. 271120, INITIATIVE LEGAL GROUP, A.P.C., Los Angeles, CA, Attorneys for Plaintiff, BRIAN BUTTERWORTH.

ORDER GRANTING JOINT MOTION FOR LEAVE TO EXCEED THE PAGE LIMITATION FOR DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION TO REMAND AND PLAINTIFF'S REPLY BRIEF

DENNIS BECK, Magistrate JudgePage 2

On September 14, 2011, Pursuant to the Standing Order in All Civil Cases Assigned to District Judge Lawrence J. O'Neill, Plaintiff Brian Butterworth ("Plaintiff") and Defendant American Eagle Outfitters, Inc. ("American Eagle") filed a joint motion for leave to exceed the 25 page limitation set forth in the Court's Standing Order with respect to American Eagle's Brief in Opposition to Plaintiff's Motion to Remand for Lack of Subject Matter Jurisdiction and to exceed the ten page limitation set forth in the Court's Standing Order with respect to Reply Brief in Support of Plaintiff's Motion to Remand. American Eagle believes that absent a five-page enlargement of the page limit to thirty pages, it will not be able to adequately present its Opposition and will be forced to leave fundamental issues necessary to the Court's proper understanding and resolution of the motion to remain unaddressed. Plaintiff and American Eagle also jointly moved this Court for a five page extension of the page limitation with respect to Plaintiff's reply brief, such that Plaintiff can address the arguments set forth in American Eagle's extended brief.

Good cause appearing, the joint motion is GRANTED. It is hereby ordered:

1. American Eagle is granted leave to file a Brief in Opposition to Plaintiff's Motion to Remand for Lack of Subject Matter Jurisdiction not to exceed thirty (30) pages; and

2. Plaintiff is granted leave to file a Reply Brief in Support of Plaintiff's Motion to Remand not to exceed fifteen (15) pages.

IT IS SO ORDERED.