Emma C., et al v. Eastin, et al

Filing 2083

ORDER Denying 2075 Plaintiffs' Motion for Leave to File Surreply by Judge Thelton E. Henderson. (tehlc2, COURT STAFF) (Filed on 7/31/2015)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 EMMA C., et al., Plaintiffs, 5 6 7 8 v. DELAINE EASTIN, et al., Case No. 96-cv-04179-TEH ORDER DENYING PLAINTIFFS’ MOTION FOR LEAVE TO FILE SURREPLY Defendants. 9 10 Plaintiffs’ request leave to file a surreply in support of their opposition to State United States District Court Northern District of California 11 Defendants’ motion to set aside the Court Monitor’s Draft Corrective Action Plan. 12 (Docket No. 2075). “The standard for granting leave to file a surreply is whether the party 13 making the motion would be unable to contest matters presented to the court for the first 14 time in the opposing party’s reply.” Lewis v. Rumsfeld, 154 F. Supp. 2d 56, 61 (D. D.C. 15 2001). Plaintiffs contend that State Defendants’ citation of a new case in the Reply is 16 adequate grounds for the filing of a surreply. This Court disagrees. The new case cited in 17 State Defendants’ Reply merely offers additional support for an argument appropriately 18 raised in the underlying motion - an argument that was addressed by Plaintiffs in the 19 Opposition. Allowing non-moving parties to file a surreply every time a reply includes 20 additional case support would effectively institute a four-part briefing schedule. Seeing no 21 “matters presented to the court for the first time in the opposing party’s reply,” Lewis, 154 22 F. Supp. 2d at 61, Plaintiffs’ request for leave to file a surreply is hereby DENIED. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: 07/31/15 _____________________________________ THELTON E. HENDERSON United States District Judge

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