Summary
This federal district court order addresses the plaintiff's motion for leave to exceed the ten-page limit for objecting to a magistrate judge's memorandum and recommendation. The court grants the motion in part, allowing a revised objection up to 26 pages, while denying related motions for leave to file surreplies as moot and denying a prior motion to amend the complaint without prejudice. The court sets strict deadlines for filing the revised objection and responses, and directs the clerk to correct the docket to attach a missing proposed amended pleading.
Topics
Practice areas
Questions Presented
- Whether the plaintiff may exceed the ten‑page limit for an objection under Local Civil Rule 72.4(b).
- Whether the plaintiff may file surreplies to defendants' responses to the original objection.
- Whether the plaintiff's motion to amend the complaint should be granted.
Holdings
- The plaintiff must file an objection no longer than the magistrate's memorandum (26 pages) and within the ten‑page limit; the motion is granted in part and denied in part.
- The motion to file surreplies is denied as moot.
- The motion to amend the complaint is denied without prejudice.
Key quotations
“the court maintains “the right to summarily deny or refuse to consider any document not filed in compliance with [this] order[] or the Local Rules.””
Factual background
Plaintiff filed a 75‑page objection to a magistrate judge's 26‑page memorandum and recommendation. The court ordered the plaintiff to re‑file the objection within the ten‑page limit set by Local Civil Rule 72.4(b). Plaintiff then moved to exceed the page limit and to file surreplies and to amend the complaint.
Procedural history
The plaintiff filed a 75‑page objection to a magistrate judge's memorandum; the district court ordered compliance with Local Civil Rule 72.4(b) and later ruled on the plaintiff's motions concerning page limits, surreplies, and amendment of the complaint.