Perrotte v. Johnson et al

Filing 202

ORDER DENYING Plaintiff's 201 Motion to File a Surreply signed by Magistrate Judge Stanley A. Boone on 10/08/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY P. PERROTTE,

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Plaintiff,
v.
STACEY JOHNSON, et al.,
Defendants.

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Case No. 1:15-cv-00026-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST TO
FILE A SURREPLY
[ECF No. 201]

Plaintiff Jeffrey P. Perrotte is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On October 4, 2019, Plaintiff filed a request to file a surreply. Parties do not have the right to

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file surreplies and motions are deemed submitted when the time to reply has expired. Local Rule

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230(l). The Court generally views motions for leave to file a surreply with disfavor. Hill v. England,

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No. CVF05869 REC TAG, 2005 WL 3031136, at *1 (E.D. Cal. 2005) (citing Fedrick v. Mercedes-

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Benz USA, LLC, 366 F.Supp.2d 1190, 1197 (N.D. Ga. 2005)). However, district courts have the

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discretion to either permit or preclude a surreply. See U.S. ex rel. Meyer v. Horizon Health Corp., 565

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F.3d 1195, 1203 (9th Cir. 2009) (district court did not abuse discretion in refusing to permit

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“inequitable surreply”); JG v. Douglas County School Dist., 552 F.3d 786, 803 n.14 (9th Cir. 2008)

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(district court did not abuse discretion in denying leave to file surreply where it did not consider new

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evidence in reply); Provenz v. Miller, 102 F.3d 1478, 1483 (9th Cir. 1996) (new evidence in reply may
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not be considered without giving the non-movant an opportunity to respond). Inasmuch as on October

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3, 2019, the Court issued Findings and Recommendations recommending that Defendant’s motion for

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summary judgment be denied, Plaintiff’s motion to file a surreply is denied as moot.

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IT IS SO ORDERED.

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Dated:

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October 8, 2019
UNITED STATES MAGISTRATE JUDGE

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