Palmtree Acquisition Corporation v. Neely et al

Filing 146

ORDER re Sur-Reply. Third-Party Plaintiffs have leave to file a sur-reply, not to exceed fifteen pages in length, by October 12, 2011. Signed by Judge Edward M. Chen on 10/5/2011. (emclc1, COURT STAFF) (Filed on 10/5/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PALMTREE ACQUISITION
CORPORATION,

No. C-08-3168 EMC

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Plaintiff,
ORDER RE SUR-REPLY
v.
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For the Northern District of California

United States District Court

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MICHAEL R. NEELY, et al.,
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Defendants.
___________________________________/

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KIRRBERG CORPORATION, et al.,

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Third-Party Plaintiffs,

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v.
DOROTHY ANDERSON, Trustee of The
Anderson Marital Trust and The Anderson
Tax Deferral Trust,
Third-Party Defendant.
___________________________________/

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The Trustee has filed a motion to dismiss certain claims asserted in Third-Party Plaintiffs’

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fourth amended third-party complaint (“FATC”). On October 5, 2011, the Trustee filed a reply brief

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in support of its motion. In the reply brief, the Trustee raises new arguments that could have been

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raised in its opening motion. Moreover, it expands the request for relief -- i.e., asking for dismissal

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of the entire FATC and not simply the two claims initially identified in its opening brief. While the

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Court should arguably strike the reply brief for those reasons, in the interest of justice, it shall not do

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so and instead shall give Third-Party Plaintiffs an opportunity to file a sur-reply. Third-Party

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Plaintiffs have leave to file a sur-reply, not to exceed fifteen pages in length, by October 12, 2011.

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IT IS SO ORDERED.

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Dated: October 5, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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