Diamond Resorts U.S. Collection Development, LLC, et al. v. Wesley Financial Group, LLC, et al.

Diamond Resorts · United States District Court for the Eastern District of Tennessee · May 20, 2026 · No. No. 3:20-CV-251-DCLC-DCP

Summary

The United States District Court for the Eastern District of Tennessee grants Plaintiffs’ motion to strike Defendants’ 44-page summary judgment reply for violating the applicable page limits under Local Rule 7.1. The Court concludes that its prior page-limit extensions applied to opening and responsive briefs, not reply briefs, and permits Defendants to refile a compliant reply within seven days.

Holdings

  1. Defendants' 44-page reply violated the Local Rules because the Court authorized 40 pages for opening and responsive briefs but did not authorize 40 pages for reply briefs.
  2. The Court has discretion to enforce its Local Rules and, under the circumstances presented, striking Defendants' reply was appropriate.

Questions Presented

  1. Whether Defendants' 44-page reply violated the applicable page limits under E.D. Tenn. Local Rule 7.1 and the Court's orders.
  2. Whether striking the noncompliant reply was an appropriate exercise of the Court's discretion.

Disposition

other

Cases Cited (11)

  • Hollingsworth v. Perry, 558 U.S. 183, 191 (2010)(followed)
  • Weil v. Neary, 278 U.S. 160, 169 (1929)(followed)
  • Romine v. Uber Techs., Inc., No. 3:16-CV-371, 2017 WL 11494685, at *1 (E.D. Tenn. Jan. 23, 2017)(followed)
  • Springfield v. Centene Corp., No. 2:20-CV-02857, 2022 WL 23029318, at *1 (W.D. Tenn. Oct. 28, 2022)(followed)
  • Pearce v. Chrysler Grp., L.L.C. Pension Plan, 615 F. App’x 342, 349–50 (6th Cir. 2015)(followed)
  • Valassis Commc’ns, Inc. v. Aetna Cas. & Sur. Co., 97 F.3d 870, 873 (6th Cir. 1996)(followed)
  • SmartBank v. Cartron, No. 4:19-CV-00062, 2020 WL 1897168, at *4 (E.D. Tenn. Apr. 16, 2020)(followed)
  • United States v. Ball, No. 06-CR-20465, 2023 WL 1795703, at *2 (E.D. Mich. Feb. 7, 2023)(followed)
  • Salehpour v. Univ. of Tennessee, 159 F.3d 199, 205 (6th Cir. 1998)(distinguished)
  • Nam v. U.S. Xpress, Inc., No. 1:11-CV-116, 2012 WL 10161528, at *2 (E.D. Tenn. June 25, 2012)(followed)

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Cited In (0)

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