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Judge Andrews strikes ten summary judgment briefs, invites defendant to file one combined summary judgment brief with 40 page limit.

Judge Richard G. Andrews recently issued an order, sua sponte, striking 10 of 11 summary judgment briefs filed by a defendant, finding that the anticipated volume of the briefing related to summary judgment motions was excessive. The lone brief that was not struck was unopposed. XpertUniverse Inc. v. Cisco Systems Inc., C.A. No. 09-157-RGA (D. Del. Jan. 2, 2013). Judge Andrews estimated that the Court would need to review and consider 600 or more pages of briefing in connection with the 11 summary judgment briefs, 3 Daubert motions, and one motion for “terminating sanctions”, and noted that this volume of briefing would not be accepted by any other District Court judge. Judge Andrews explained, “Chief Judge Sleet does not allow summary judgment briefing absent an approval process. Judge Robinson would allow a maximum of 200 pages total of briefing in connection with these motions. Judge Stark would allow a maximum of 100 pages of total briefing.” Id. at 1-2. Finding that the volume of briefing in the instant case would be excessive if permitted to go forward, Judge Andrews struck 10 of the summary judgment briefs, as well as answering briefs that had been filed, adding “[t]he Defendant may choose to pursue such of these ten motions as it wishes, but must submit only one brief of no more than 40 pages . . . Plaintiff may respond with a no more than 40 page brief . . . and Defendant may reply with a no more than 20 page brief . . . .” Id. at 2.


XpertUniverse Inc. v. Cisco Systems Inc., C.A. No. 09-157-RGA (D. Del. Jan. 2, 2013).

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