October 9, 2012
In the case Aranas v. Napolitano, there were two orders issued late last month: Judge Marshall GRANTED the DOJ’s motion for an oversized brief in opposition to the preliminary injunction but DENIED BLAG’s request to file an oversized consolidated memo.
BLAG had requested permission to file a single memo that combined its support of its motion to dismiss and its opposition to plaintiffs’ motion for preliminary injunction. BLAG filed that consolidated memo (Doc #37) on September 14, as was reported here at Prop 8 Trial Tracker. It was the request to submit this memo that the judge rejected in the order referenced above.
On October 2, following the denial of its request, BLAG asked the judge to reconsider her decision. Attached to the application for reconsideration, was an alternative combined memo “which is 50 pages in length, precisely the number of pages to which the House would be entitled under Local Rule 11-6 if it filed two separate memoranda (one in support of its Motion to Dismiss, and one in opposition to Plaintiffs’ PI Motion).”
In an October 4th order, Judge Marshall again denied BLAG’s request, stating, “The Court would find it more helpful to have the benefit of briefing on BLAG’s Motion to Dismiss and separate briefing on Plaintiffs’ Motion for Preliminary Injunction.”
Also filed today, the DOJ’s request to, “enlarge the 25-page length limit set forth in Local Rule 11-6, to allow them to file an Opposition to [BLAG's] Motion to Dismiss that is no more than 35 pages in length. Defendants have made every effort to reduce the brief to minimize the need for additional pages, but have been unable to do so.” The Court has not yet issued a ruling on that request.
Updated to add BLAG’s latest: Filed today, BLAG’s request to file two separate oversized briefs.