Along with the motion to dismiss Fireclean’s complaint, my attorney David Gingras filed a Motion for Leave to Exceed Page Limits. You see, local rules limit motions to 17 pages. However, when you’re facing a complaint that’s 48 pages long plus 200 pages of exhibits, sometimes you have to exceed 17 pages in response. Ours was 24 pages (plus exhibits). Asking for extra pages on a motion is specifically allowed in the local rules.
Oddly, Fireclean’s counsel filed a Motion Opposing the Motion for Leave to Exceed Page Limits less than 24 hours after our motion was filed, claiming “(t)he Plaintiffs disagree that there is good cause to exceed the established page limitations.”
Responding quickly, the judge reviewed both motions and issued an order granting my Motion for Leave to Exceed Page Limits.
It’s a minor victory, but hey, I’ll take it – it means Fireclean will have to deal with the merits of my argument in full instead of tying one hand behind my back.