Judge Fallon grants motion to strike summary judgment and Daubert papers

In a recent Memorandum Opinion, Magistrate Judge Sherry R. Fallon granted defendants’ motion to strike plaintiff’s opening summary judgment and Daubert papers, but also ruled that plaintiff may file “amended briefs and exhibits within fourteen (14) days.” Monec Holding AG v. Motorola Mobility, Inc., C.A. No. 11-798-LPS-SRF (D. Del. Sept. 5, 2014). Defendants moved to strike based on the grounds that plaintiff “improperly exceeded the page limits for its summary judgment briefing by including factual material, citations, and legal analysis in the attached exhibits.” Id. at 2. As Judge Fallon explained, “[t]his court has recognized the impropriety of including legal analyses in charts attached as exhibits to the briefing, as opposed to including them in the briefing itself, for purposes of circumventing page limitations.” Id. Judge Fallon reasoned that defendants were prejudiced as the result plaintiff’s “improper reliance on Exhibit 1 of the [declaration] to convey its legal arguments because [defendants] must respond to the 272-page exhibit within the briefing page limitations established by the court.” Id. at 3. Judge Fallon therefore struck the opening summary judgment and Daubert papers, but granted plaintiff an opportunity to file amended opening briefs and supporting documents within fourteen days of the Court’s order. Id. at 3.


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