Free Motion for Leave to File Excess Pages - District Court of California - California

Case 3:08-cv-02705-JSW

Document 16

Filed 07/23/2008

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A limited liability partnership formed in the State of Delaware

James C. Martin (SBN 83719) [email protected] Mary J. Hackett (appearing pro hac vice) [email protected] Sharon L. Rusnak (appearing pro hac vice) [email protected] David. J. Bird (pro hac vice application pending) [email protected] REED SMITH LLP 435 Sixth Avenue Pittsburgh, PA 15219-1886 Telephone: (412) 288-3131 Facsimile: (412) 288-3063 David S. Reidy (SBN 225904) [email protected] REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Telephone: (415) 543-8700 Facsimile: (415) 391-8269 Attorneys for Defendants Bank of America, N.A. and Bank of America Corporation

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REED SMITH LLP

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ELLEN STOODY-BROSER, An Individual, Individually And On Behalf Of All Others Similarly Situated, Plaintiff, v. BANK OF AMERICA, N.A. and BANK OF AMERICA CORPORATION, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 08 2705 JSW UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE OVERLENGTH BRIEF IN SUPPORT OF MOTION TO DISMISS; [PROPOSED] ORDER Date: Time: Place: October 31, 2008 9:00 a.m. Courtroom 2, 17th Floor

Compl. Filed: March 29, 2008 Trial Date: None Honorable Jeffrey S. White

DOCSSFO-12522300.1

Case 3:08-cv-02705-JSW

Document 16

Filed 07/23/2008

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A limited liability partnership formed in the State of Delaware

Pursuant to Civil Local Rule 7-11, defendants Bank of America, N.A., and Bank of America Corporation ("Defendants") hereby move this Court for leave to file a Memorandum of Points and Authorities of 17 pages in length, in support of their Motion to Dismiss Plaintiff's Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. This Court's Standing Order states that such briefs shall not exceed 15 pages in length. Defendants respectfully submit that good cause exists to allow an over-length brief under these circumstances. Defendants' Motion to Dismiss involves an important issue of federal law that requires this Court to conduct a multi-stage analysis. Moreover, at least six other federal courts have recently addressed the issues presented in Defendants' Motion to Dismiss, and Defendants include those courts' reasoning on the issues for the benefit of this Court's analysis. Defendants have also endeavored in their memorandum to provide ample headings and spacing so that the memorandum is visually clear and easy to read. Finally, Plaintiff has represented that she does not oppose this request for leave to file an over-length brief, and this administrative motion is therefore unopposed. For the foregoing reasons, Defendants respectfully request that this Court grant Defendants leave to file a Memorandum of Points and Authorities of 17 pages in length in support of their Motion to Dismiss. Respectfully submitted, DATED: July 23, 2008 REED SMITH LLP

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REED SMITH LLP

By /s/ David S. Reidy Attorneys for Defendants Bank of America, N.A., and Bank of America Corp. SO ORDERED: DATED: __________________ JEFFREY S. WHITE United States District Court

Case No. CV 08 2705 JSW

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