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

Filing 27

ORDER permitting filing of response to sur reply, signed by District Judge Anthony W. Ishii on 4/15/2013. (Figueroa, O)

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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 FILING OF
RESPONSE TO SUR REPLY

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Defendant United States of America filed a motion to dismiss the complaint or for
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summary judgment in the alternative. Plaintiffs filed an opposition. The United States then filed
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a reply that raised new arguments and evidence. Since the issue raised was a matter of subject
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matter jurisdiction, the court permitted Plaintiffs to file a sur reply. The United States now asks
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permission to file a response to Plaintiffs’ sur reply. Doc. 26. The proposed response is pure
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argumentation; there is no additional evidence submitted. Since this is a matter of subject matter
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jurisdiction and the legal briefing may be helpful the court will allow the response to be filed.
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The document entitled “DEFENDANT UNITED STATES’ RESPONSE TO PLAINTIFFS’
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SURREPLY TO IN OPPOSITION TO MOTION TO DISMISS; OR ALTERNATIVELY FOR
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SUMMARY JUDGMENT” (Doc. 26, Part 1) will be considered when the court rules on the

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motion.

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IT IS SO ORDERED.

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Dated:
0m8i78

April 15, 2013
SENIOR DISTRICT JUDGE

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