Monday, March 10, 2014

"In Miami, 20 Pages Means 20 Pages."



Long-time readers know we're process and procedure (and Local Rule) wonks, so this order from Chief Judge Moreno is like legal catnip:
ADJUDGED that Plaintiffs Response in Opposition to Defendant's Motion to Compel Arbitration is STRICKEN. Local Rule 7.1(c)(2) requires that responses to motions be no more than twenty (20) pages in length without prior Court approval. Plaintiff's Response brief exceeds this length without Court approval. Plaintiff, in a footnote, argues that ''although this memorandum reaches the 21st page, the initial caption and signature are not to be counted against the page limit." Simply stating that Plaintiff s brief complies with the local rules does not make it so; Local Rule 7.1(c)(2) provides Plaintiff with no cover for his error. The Court notes that, had Plaintiff exercised greater discretion over his liberal use of footnotes, the brief would likely have  satisfied the local rules.
Ok, so what have we learned?

1.  Ask for more pages in advance of your filing.

2.  Initial caption and signature blocks count against the page limit, whether you are in Monte Carlo, Beverly Hills, London, Paris, Rome, or Gstaad.

3.  Footnotes are annoying.

13 comments:

  1. Judge is wrong. Signature blocks can run several pages.

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  2. Silly order. If the court goes on to grant the motion to compel arbitration as unopposed, it is reversible error.

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  3. Petty order. And wrong. The local rule states: " ... signature pages ... shall not be counted as pages for purposes of this rule."

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  4. They should be able to refile nunc pro tunc edited

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  5. Personally I think the footnote did them in. I don't see any real harm, they should be able to refile the brief in a corrected form.

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  6. "Title pages preceding the first page of text, signature pages, certificates of good faith conferences, and certificates of service shall not be counted as pages for purposes of this rule."

    I guess I'd have to see the response to see whether it complies with the rule.

    At any rate, it's struck, not stricken.

    Also, SFL, I'm not so sure that the Plaintiff can simply refile. It's not as though FAM struck it without prejudice to refile.

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  7. True, they'd have to seek leave and ask it be accepted out of time.

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  8. It's a petty order and shitty lawyering at the same time. A few days (or a week) before your response is due you ask opposing counsel for an extra few pages and file an unopposed motion.

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  9. feds. all form and no substance. wasted judicial resource (or your tax payer dollars hard at work).

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  10. @12:05 pm ....Fred is NEVER wrong....just ask him....

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  11. 7:57 too bad he ruled against you.

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  12. Footnotes > In-text citations
    All day and twice on Sunday.

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