Whitsitt v. Zedlitz et al

Filing 97

ORDER re 96 Response. Signed by Judge Jeffrey S. White on 7/20/12. (jjoS, COURT STAFF) (Filed on 7/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIAM J. WHITSITT,

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For the Northern District of California

United States District Court

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No. C 08-01803 JSW

Plaintiff,

ORDER RE DOCKET NO. 96

v.
JEAN ZEDLITZ, et al.

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Defendants.
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On April 16, 2012, the Court issued an Order stating that it would not accept any new

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filings, pertaining to the pending motion to dismiss, from the parties unless they have sought

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and obtained leave of court. On July 13, 2012, Plaintiff filed an objection to Defendant’s

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combined reply. However, the Court expressly stated that “Defendant may filed a combined

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reply to the response to the motion to strike and to any new issues raised in [plaintiff’s] third

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opposition to the motion to dismiss by no later than May 4, 2012.” Therefore, Defendant has

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not violated the Court’s Order. Plaintiff did not, however, seek leave of court to file a sur-reply

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to the combined reply.

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The objections raised in Docket No. 96 are not well taken, and the Court strikes it from
the record.
IT IS SO ORDERED.

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Dated: July 20, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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WILLIAM J. WHITSITT et al,
Plaintiff,

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CERTIFICATE OF SERVICE

v.
JEAN ZEDLITZ et al,
Defendant.

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For the Northern District of California

United States District Court

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Case Number: CV08-01803 JSW

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on July 20, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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William J. Whitsitt
1763 Ray Wise Lane
Tracy, CA 95376
Dated: July 20, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk