Alsup v. U.S. Bancorp

Filing 17

ORDER signed by Judge Kimberly J. Mueller on 10/15/14: Defendant's request is granted and its supplemental brief is deemed filed as of the date its proposed brief was filed. If plaintiff wishes to respond, it may file a brief of five or fewer pages no later than seven days from the issuance of this order. Thereafter the matter will be submitted. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARLENE ALSUP,

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Plaintiff,

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No. 2:14-cv-01515-KJM-DAD

v.

ORDER

U.S. BANCORP and DOES 1 to 5,
inclusive,
Defendants.

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On October 10, 2014, the court held a hearing on the defendant’s motion to

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dismiss. Sheri Leonard appeared on behalf of the plaintiff, Marlene Alsup, and Emilie Woodhead

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and Joan Fife appeared on behalf of the defendant, U.S. Bank.

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During the hearing, the plaintiff referred the court to Diaz v. Federal Express

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Corp., 373 F. Supp. 2d 1034 (C.D. Cal. 2005), a case the parties had not previously cited or

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discussed in their briefing. On October 14, 2015, the defendants requested leave to file a

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supplemental brief on the applicability of Diaz, ECF No. 16, and filed a short proposed brief,

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ECF No. 16-1.

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Defendant’s request is granted and its supplemental brief is deemed filed as of the

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date its proposed brief was filed. If plaintiff wishes to respond, it may file a brief of five or fewer

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pages no later than seven days from the issuance of this order. Thereafter the matter will be

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submitted.

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IT IS SO ORDERED.
DATED: October 15, 2014.

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UNITED STATES DISTRICT JUDGE

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