Branch v. Grannis, et al.,
Filing
149
ORDER STRIKING SURREPLY 147 , signed by Magistrate Judge Gary S. Austin on 10/29/2014. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LOUIS BRANCH,
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Plaintiff,
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1:08-cv-01655-AWI-GSA-PC
ORDER STRIKING SURREPLY
(Doc. 147.)
vs.
N. GRANNIS, et al.,
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Defendants.
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I.
BACKGROUND
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Louis Branch ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis
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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint
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commencing this action on July 7, 2008. (Doc. 1.) This action now proceeds on the Third
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Amended Complaint, filed by Plaintiff on July 10, 2013, against defendants Umphenour,
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Szalai, and Alvarez (“Defendants”) for deliberate indifference to a serious risk to Plaintiff’s
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safety in violation of the Eighth Amendment, and against defendant Umphenour for retaliation
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in violation of the First Amendment. (Doc. 94.)
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On September 2, 2014, Defendants filed a motion for summary judgment. (Doc. 138.)
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Plaintiff filed an opposition to the motion on September 29, 2014. (Doc. 142.) On October 6,
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2014, Defendants filed a reply to Plaintiff’s opposition. (Doc. 145.) On October 27, 2014,
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Plaintiff filed an objection to Defendants’ reply. (Doc. 147.)
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II.
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SURREPLY
A surreply, or sur-reply, is an additional reply to a motion filed after the motion has
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already been fully briefed.
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visited December 31, 2013). The Local Rules provide for a motion, an opposition, and a reply.
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Neither the Local Rules nor the Federal Rules provide the right to file a surreply, and the Court
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neither requested one nor granted a request on the behalf of Plaintiff to file one. Accordingly,
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Plaintiff=s surreply, filed on February 18, 2014, shall be stricken from the record. A district
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court may allow a surreply to be filed, but only “where a valid reason for such additional
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briefing exists, such as where the movant raises new arguments in its reply brief.” Hill v.
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USLegal.com, http://definitions.uslegal.com/s/sur-reply/ (last
England, 2005 WL 3031136, *1 (E.D.Cal. Nov. 8, 2005).
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Plaintiff has filed a surreply in response to Defendants’ reply to his opposition to the
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motion for summary judgment. Defendants’ motion for summary judgment of September 2,
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2014 was fully briefed and was submitted on the record under Local Rule 230(l) on October 9,
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2014. L.R. 230(l). (Doc. 29.) The Court neither requested a surreply nor granted a request on
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behalf of Plaintiff to file one. Plaintiff has not shown good cause for the court to allow him to
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file a surreply at this juncture. Therefore, Plaintiff’s surreply shall be stricken from the record.
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III.
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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff=s surreply, filed on
October 27, 2014, is STRICKEN from the Court=s record.
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IT IS SO ORDERED.
Dated:
October 29, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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