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