Stop the Casino 101 Coalition et al v. Kempthorne et al

Filing 74

ORDER granting 71 , 72 application to file surreply. Signed by Judge Illston on 3/26/09. (ts, COURT STAFF) (Filed on 3/27/2009) Modified on 3/27/2009 (ys, COURT STAFF).

Case 3:08-cv-02846-SI

Document 71

Filed 03/25/2009

Page 1 of 2

1 STEPHAN C. VOLKER (CSB #63093) JOSHUA A.H. HARRIS (CSB #222886) 2 LAW OFFICES OF STEPHAN C. VOLKER 436 14th Street, Suite 1300 3 Oakland, CA 94612 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs STOP THE CASINO 101 COALITION, ROBERT AHERNE, 6 AMY BOYD, LISA CATELANI, FRANK EGGER, MICHAEL ERICKSON, MICHAEL HEALY, LINDA 7 LONG, LISA McELROY, PAM MILLER, MARILEE MONTGOMERY, FRED SOARES, JAMIE WALLACE, 8 CHIP WORTHINGTON and LINDA WORTHINGTON 9 10 11 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) Plaintiffs, ) v. ) ) DIRK KEMPTHORNE, Secretary of the United States ) Department of the Interior; CARL J. ARTMAN, Assistant ) Secretary of the United States Department of the Interior for ) Indian Affairs; UNITED STATES DEPARTMENT OF ) THE INTERIOR; JERRY GIDNER, Director, Bureau of ) Indian Affairs, Department of the Interior, DALE ) MORRIS, Pacific Regional Director, Bureau of Indian ) Affairs, Department of the Interior; and UNITED STATES ) BUREAU OF INDIAN AFFAIRS, ) ) Defendants, ) ________________________________________________ ) ) FEDERATED INDIANS OF GRATON RANCHERIA, ) ) Intervenor. ) ________________________________________________ ) Civ. No. C 08-02846 JCSI PLAINTIFFS' APPLICATION TO FILE SURREPLY TO FEDERAL DEFENDANTS' AND INTERVENOR'S REPLIES IN SUPPORT OF MOTIONS TO DISMISS Complaint Filed: June 6, 2008 Date: Time: Judge: Dept: March 27, 2009 9:00 a.m. Hon. Susan Illston 10

12 STOP THE CASINO 101 COALITION, ROBERT AHERNE, AMY BOYD, LISA CATELANI, FRANK 13 EGGER, MICHAEL ERICKSON, MICHAEL 14 HEALY, LINDA LONG, LISA McELROY, PAM MILLER, MARILEE MONTGOMERY, FRED SOARES, JAMIE 15 WALLACE, CHIP WORTHINGTON and LINDA WORTHINGTON, 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiffs' Application to File Surreply

Civ. No. C 08-02846 JC SI

Case 3:08-cv-02846-SI

Document 71

Filed 03/25/2009

Page 2 of 2

1

Plaintiffs respectfully request permission to file a short surreply to object to and rebut new

2 arguments raised in the federal defendants' reply brief filed March 20, 2009. Plaintiffs also object to 3 intervenor's citation to unpublished authorities. 4 The grounds for this motion are that the federal defendants used their reply as a "vehicle for 5 presenting new arguments or legal theories to the court," which is not allowed. 2A Federal Procedure, 6 Lawyers Edition, § 3:736, updated September 2008; Central Delta Water Agency v. United States, 306 7 F.3d 938, 952 n. 10 (9th Cir. 2002). Plaintiffs ask this Court to strike or ignore federal defendants' new 8 9 arguments, or alternatively to consider plaintiffs' surreply demonstrating that defendants' new arguments 10 ­ even if considered ­ have no merit. Additionally, plaintiffs' surreply objects to intervenor's mistaken 11 citation to unpublished decisions despite this Court's contrary rule. Civil Local Rules, Rule 3-4(e). 12 13 DATED: March 25, 2009 14 15 16 17 18 19 20 21 [PROPOSED] ORDER Plaintiffs' application to file a surreply is hereby GRANTED. Said surreply, which was lodged Respectfully submitted, LAW OFFICES OF STEPHAN C. VOLKER /s/ Stephan C. Volker STEPHAN C. VOLKER Attorneys for Plaintiffs

22 with plaintiffs' application, shall be deemed filed. 23 24 25 26 27 28 ______________________________________ HON. SUSAN ILLSTON DISTRICT COURT JUDGE IT IS SO ORDERED.

Plaintiffs' Application to File Surreply

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Civ. No. C 08-02846 JC SI