NOLT v. MEHAS

Full title: TIM NOLT, TIM ALLISON and CHRIS HUDSON, Plaintiffs, v. PETER G. MEHAS; JAN…

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

Date published: Aug 8, 2007

CASE NO. 1:05-CV-1429-LJO-SMS (E.D. Cal. Aug. 8, 2007)

Opinion

CASE NO. 1:05-CV-1429-LJO-SMS.

August 8, 2007

PETER SEAN BRADLEY, ESQ. #109258, RANDALL M. PENNER, ESQ., #101201, PENNER, BRADLEY BUETTNER, FRESNO, CALIFORNIA, Attorneys for Plaintiffs, TIM NOLT, TIM ALLISON and CHRIS HUDSON.

APPLICATION FOR LEAVE TO EXCEED PAGE LIMIT FOR POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION and ORDER

LAWRENCE O'NEILL, Magistrate Judge

APPLICATION

I, Peter Sean Bradley, do hereby declare and state:

1. I am a member of the law firm of Penner, Bradley Buettner, counsel of record herein for plaintiffs and am duly licensed to practice law before all courts in the State of California and before this Court.

2. This Application is made for leave to file a brief not exceeding fifty pages on the grounds that the issues addressed in defendants' motion are many, involving multiple parties and multiple defendants. Defendants obtained leave to file a brief not to exceed fifty pages and filed a brief consisting of forty-five pages.

3. Plaintiffs' opposition is to be filed on or before Monday, August 13, 2007, per this Court's order of June 26, 207.

4. I am mindful of this Court's standing order limiting pleadings in summary judgment motions to twenty-five pages. However, in this instance, defendants have filed a brief of forty-five pages, the opposition must address the action of each defendant, individually, in the context of each separate allegation. There are a number of complicated legal issues which are thoroughly briefed for the benefit of this Court.

5. Plaintiffs have been able to reduce the supporting authorities to fifty pages, and will endeavor to further limit the length of the pleadings. Plaintiffs nevertheless request permission from this Court to file points and authorities in support of the opposition not to exceed fifty pages (excluding face page and tables).

I declare under penalty of perjury under the laws of the United States of American that the foregoing is true and correct to the best of my knowledge and that this declaration is executed by me this 8^th day of June, 2007.

ORDER

Upon ex parte application submitted by plaintiffs, and good cause appearing, leave is hereby granted in favor of plaintiffs to file its brief in support of the opposition to motion for summary judgment and/or summary adjudication, not to exceed fifty pages in length (excluding face page and tables) on the condition that plaintiffs' brief is well organized, succinct and clear and does not unduly repeat points.

IT IS SO ORDERED.