To all parties and their attorneys of record: NOTICE IS HEREBY GIVEN that on April 17, 1998, plaintiff Dwight E. Wininger will and hereby does move to strike certain exhibits and materials as set forth below, or, in the alternative, for leave to file supplemental materials responding to these exhibits. This motion is based on this Motion and Memorandum of Points and Authorities in Support Thereof and the Declaration of Alex J. Luchenitser filed herewith.

Plaintiff moves (1) to strike Exhibits 3 through 6 to Intervenors' Objections to Plaintiff's Proposed Order on Motion of Pro-Plan Intervenors to Intervene in this Proceeding, dated March 2, 1998 ("the Objections"); (2) to strike the Objections to the extent they make additional arguments and refer to additional evidence relating to the motion to disqualify plaintiff's counsel filed by proposed intervenors Boyden, et al.; and (3) in the alternative, for leave to file a supplemental declaration (and, if deemed necessary, a supplemental brief) responding to the materials sought to be struck.

On or about March 2, 1998, the group of proposed intervenors aligned with the defendants ("the Bode Partners") filed a document entitled "Intervenors' Objections" to plaintiff's Proposed Order re Motions to Intervene and Disqualify ("the Objections"). The Bode Partners attached to the Objections six exhibits, including three new affidavits executed by the three proposed intervenors who appear to be organizing and leading the Bode Partners. These affidavits contain false statements and level false allegations against plaintiff's counsel, which purportedly relate to the motion to disqualify plaintiff's counsel filed by the Bode Partners. In their Objections, the Bode Partners referred to these false allegations and made additional arguments in support of their disqualification motion.

The Bode Partners have blatantly violated the local rules and this Court's ruling on their motion to intervene. Civil Local Rule 7(e) states that "once a reply is filed, no additional memoranda, papers or letters shall be filed without prior court approval." The Bode Partners violated Local Rule 7(e) by attempting to add additional evidence and argument in support of their disqualification motion, without leave of court, after briefing was completed and the hearing was held.

In addition, the Court ruled that the Bode Partners may be permitted to intervene only for the purpose of expressing their views on class certification, not with respect to their disqualification motion. Luchenitser Decl., Ex. A at 60; see also Luchenitser Decl., Ex. A at 57. Since briefing on class certification has not yet begun, the Bode Partners' filing was clearly unauthorized.

For the foregoing reasons, plaintiff respectfully requests that Exhibits 3 through 6 to the Objections be struck, and that all portions of the Objections which refer to Exhibits 3 through 6 and/or make additional arguments relating to the disqualification motion be struck. In the alternative, pursuant to Civil L.R. 7(e), plaintiff respectfully requests leave to file a supplemental declaration (and, if deemed necessary, a supplemental brief) to rebut the false charges in the Objections and in the affidavits attached to the Objections.

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