Galvan, et al. v. United States of America, et al.

Filing 23

ORDER Permitting Surreply, signed by District Judge Anthony W. Ishii on 3/11/13. Plaintiffs shall have leave to file a surreply by 4:00 p.m. Monday, April 8, 2013. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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AGUEDA GALVAN, individually and as
guardian ad litem for SOPHIA ARCE,

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Plaintiffs,
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v.
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UNITED STATES OF AMERICA;
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GOLDEN VALLEY HEALTH CENTER; )
REBECCA BROCK, M.D.; and
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DOES 1 through 10, inclusive,
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Defendants.
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____________________________________)

1:12-cv-01698-AWI-MJS
ORDER PERMITTING
SURREPLY

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The Court refers the parties to previous orders for a complete chronology of the proceedings. On
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December 19, 2012, defendant United States of America (“the government”) filed a motion to
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dismiss the complaint or for summary judgment in the alternative. On January 24, 2013, plaintiff
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Agueda Galvan, individually and presumably as guardian ad litem for Sophia Arce, a minor
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(“Plaintiffs”), filed an opposition to the government’s motion. The government filed its reply to
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Plaintiffs’ opposition on February 4, 2013. The Court, having reviewed the pleadings of record and
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all competent and admissible evidence submitted, finds the government’s motion relies principally
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on arguments and evidence raised only on reply. Ordinarily, the Court would have discretion to
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disregard the foregoing, as “ ‘[a]rguments raised for the first time in a reply brief are waived.’ ”
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Autotel v. Nevada Bell Telephone Co., 697 F.3d 846, 852 n. 3 (9th Cir.2012) (quoting Turtle Island

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Restoration Network v. U.S. Dept. of Commerce, 672 F.3d 1160, 1166 n. 8 (9th Cir.2012)). In this

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case, however, the arguments pertain to alleged defects in the Court’s subject matter jurisdiction and

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are therefore not waivable. Northwest Environmental Defense Center v. Brown, 640 F.3d 1063,

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1068 (9th Cir. 2011). Accordingly, the Court finds good cause to allow Plaintiffs the opportunity

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to file a surreply. Plaintiffs shall have leave to file a surreply by 4:00 p.m. Monday, April 8, 2013.

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IT IS SO ORDERED.

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Dated:
0m8i78

March 11, 2013
SENIOR DISTRICT JUDGE

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