UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTICT OF MICHIGAN

SOUTHERN DIVISION

KIMBERLY FISHER,

Plaintiff, Civil Action No. 14-13881

Honorable Gershwin A. Drain

v. Magistrate Judge Elizabeth A. Stafford

 

COMMISSIONER OF SOCIAL 

SECURITY, 

Defendant. 

__________________________________/

ORDER STRIKING PLAINTIFF’S MOTION FOR 

SUMMARY JUDGMENT [15] AND GRANTING IN PART 

PLAINTIFF’S MOTION FOR LEAVE TO FILE EXCESS PAGES [16]

On April 13, 2015, plaintiff Kimberly Fisher filed a motion for summary 

judgment along with a supporting brief which is 35 pages in length. [15]. 

Pursuant to E.D. Mich. LR 7.1(d)(3), the length of a supporting brief may 

not exceed 25 pages, but a party may apply ex parte in writing to file a 

longer brief. On April 14, 2015, Fisher filed an ex parte motion for leave to 

file excess pages, contending that a longer brief is justified because she 

raises eight issues of error and the argument for each contains extensive 

critical authority in support of her motion. [16].

Where necessary, the Court will generally grant a party leave to file 

excess pages. Here, however, Fisher’s brief not only exceeds the 

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maximum page length by ten pages, but the size of the font is noticeably 

too small. Local Rule 5.1(a)(3) requires that the type size of all text be no 

smaller than “14 point” font. E.D. Mich. LR 5.1(a)(3). The text in Fisher’s 

brief appears to be smaller than 12 point font. Had Fisher complied with 

LR 5.1(a)(3), the length of her brief would have exceeded the maximum 

page length by at least 15 pages. The Court finds that such a long brief is 

unnecessary and excessive. 

The Comments to E.D. Mich. LR 5.1 and 7.1 warn that “[a]ttempts to 

circumvent the LR in any way may be considered an abusive practice 

which may result in papers being stricken as well as sanctions being 

imposed under LR 11.1.” Use of an impermissibly small font size is one 

method by which litigants may attempt to circumvent the page 

requirements of the local rules or, in this case, minimize the number of 

pages that exceed the maximum allowed under Rule 7.1(d)(3). Thus, 

Fisher’s motion for summary judgment [15] is STRICKEN.

Fisher’s ex parte motion for leave to file excess pages [16] is 

GRANTED IN PART. Fisher may refile a summary judgment motion using 

the appropriate size font. She must file the motion by APRIL 20, 2015, and 

her supporting brief may not exceed 35 pages in length. Defendant’s 

motion for summary judgment is now due MAY 21, 2015 and, if needed, 

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Defendant may file a longer brief not to exceed 35 pages in length. 

Fisher’s reply is due May 28, 2015. 

IT IS ORDERED.

s/Elizabeth A. Stafford

ELIZABETH A. STAFFORD

United States Magistrate Judge

Dated: April 15, 2015

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served 

upon counsel of record and any unrepresented parties via the Court’s ECF 

System to their respective email or First Class U.S. mail addresses 

disclosed on the Notice of Electronic Filing on April 15, 2015.

s/Marlena Williams 

MARLENA WILLIAMS

Case Manager

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