Gerawan Farming, Inc. v. Rehrig Pacific Company

Filing 225

ORDER RE: PLAINTIFF'S REQUEST TO FILE A SUR-REPLY signed by District Judge Lawrence J. O'Neill on July 30, 2013. (Munoz, I)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERAWAN FARMING, INC.,

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ORDER RE: PLAINTIFF’S REQUEST TO
FILE A SUR-REPLY

Plaintiff,

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Case No. 1:11-cv-1273 LJO BAM

v.

(Doc. 224)

REHRIG PACIFIC COMPANY,

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Defendant.

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/

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On July 26, 2013, Plaintiff Gerawan Farming, Inc. (“Gerawan”) filed a request to submit a sur-

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reply in the event that the Court considers arguments raised for the first time by Defendant Rehrig

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Pacific Company (“Rehrig”) in its reply.1 Specifically, Gerawan takes issue with Rehrig’s argument

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that Gerawan’s decision to wait until 2011 to file its complaint and initiate this action is evidence of

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bad faith. (See Doc. 222 at 3:5-14.)
The Court will not consider arguments raised for the first time in a reply brief. See Zamani v.

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Carnes, 491 F.3d 990, 997 (9th Cir. 2007) (“[A] district court need not consider argument raised for

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the first time in a reply brief.”) (citation omitted). Therefore, it is not necessary for Gerawan to file a

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sur-reply and its request to do so is DENIED as moot.

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IT IS SO ORDERED.

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Dated:

July 30, 2013

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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Pending before the Court is Rehrig’s motion for attorney fees and costs.

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