Liu v. Terry
- Jacquelyn Corley
- 3:21-cv-01179
- U.S. District Court · Northern District of California
- 2
In Liu v. Terry, Judge Corley denied Liu’s motions to strike the defendants’ dismissal motion and to file a longer opposition.
Zheng Liu, Marcus Terry, and the other defendants; the order addressed briefing and filing issues rather than the underlying motion to dismiss.
What happened
In Liu v. Terry, Zheng Liu asked the court to strike Marcus Terry and the other defendants’ motion to dismiss, arguing that it was too long. Liu also asked permission to file an opposition brief exceeding the usual page limit.
The court found that the defendants’ motion did not violate the local rules. Although the filing was 33 pages long, the motion’s substantive argument ended on page 23, because the tables of contents and authorities were separately numbered and did not count toward the 25-page limit.
The court denied both of Liu’s motions and stated that oral argument was unnecessary. Judge Jacqueline Scott Corley’s order disposed of docket entries 13 and 14.
The detailed version
- Liu v. Terry · No. 3:21-cv-01179
- Jacquelyn Corley
- Apr. 19, 2021
Background
The court considered Zheng Liu’s motion to strike and administrative motion for leave to file an overlength opposition brief in response to Marcus Terry and the other defendants’ motion to dismiss. The order states that the court decided the motions without oral argument.
Motion to Strike
Liu argued that the defendants’ motion to dismiss exceeded the page limit under Northern District of California Civil Local Rule 7-2(b). The court rejected that argument. Although the filed submission was 33 pages long, the substantive portion of the motion ended at page 23. The court explained that the filing separately numbered its table of contents and table of authorities, and those sections did not count toward the 25-page limit.
Ruling
The court denied Liu’s motion to strike. It also denied Liu’s administrative motion for leave to file an overlength opposition brief pursuant to the parties’ briefing schedule. The order disposed of docket entries 13 and 14. Judge Jacqueline Scott Corley ordered that it be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.