Neylon et al v. County of Inyo et al

Filing 20

ORDER DENYING REQUEST TO FILE A SUR-REPLY 19 , signed by District Judge Anthony W. Ishii on 9/15/2016. (Kusamura, W)

Download PDF
1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 5 MELISSA M. NEYLON and SHAWN P. NEYLON, Plaintiffs 6 9 COUNTY OF INYO, INYO COUNTY SHERIFF’S OFFICE, BILL LUTZE, DOUGLAS RICHARDS, and DOES 1 to 50, 10 11 12 13 ORDER DENYING REQUEST TO FILE A SUR-REPLY v. 7 8 CASE NO. 1:16-CV-0712 AWI JLT (Doc. No. 19) Defendants Currently pending before the Court is Defendants’ motion to dismiss. On September 6, 2016, the Court vacated the hearing on Defendants’ motion and took the matter under submission. See Doc. No. 17. In that order, the Court granted Plaintiffs’ request for the Court to consider 14 recent authority, and also permitted Defendants to respond to the new authority. See id. On 15 16 17 September 9, 2016, Defendants’ filed a response. See Doc. No. 18. The same day, Plaintiffs’ filed a request to submit a sur-reply to Defendants’ response. See Doc. No. 19. Plaintiffs request the opportunity to respond to Defendants, and also object to Defendants’ raising the issue of 18 qualified immunity. See id. 19 Plaintiffs have submitted recent authority for consideration, and Defendants responded. 20 The Court does not find that further briefing on the recent authority would be helpful at this point, 21 and thus, will deny the request to file a sur-reply. Also, the Court will not consider the issue of 22 23 qualified immunity at this time, as that issue was not raised as part of Defendants’ motion. Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ request to file a sur-reply is 24 DENIED. 25 26 27 28 IT IS SO ORDERED. Dated: September 15, 2016 SENIOR DISTRICT JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?