Bookhamer et al v. Sunbeam Products, Inc.

Filing 134

ORDER Re 132 Plaintiffs' Request for Leave to File Sur-Reply. Signed by Judge Edward M. Chen on 11/19/2012. (emcsec, COURT STAFF) (Filed on 11/19/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY BOOKHAMER, et al.,

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Plaintiffs,

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v.

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For the Northern District of California

United States District Court

No. C-09-6027 EMC (DMR)

SUNBEAM PRODUCTS, INC.,

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ORDER RE PLAINTIFFS’ REQUEST
FOR LEAVE TO FILE SUR-REPLY

Defendant.
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(Docket No. 132)

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There are two motions for summary judgment in this case currently set for a hearing on

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November 30, 2012. On November 16, 2012, Plaintiffs filed a motion for leave to file a sur-reply to

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the Defendant’s reply in one of the motions. Plaintiffs’ request states that Defendant “raised

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additional arguments and new evidence,” but does not identify these new arguments, and states only

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that Plaintiffs wish to present evidence relating to Defendant’s “allegations regarding destructive

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testing of the subject product.” Plaintiffs did not file their proposed sur-reply with their motion.

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Plaintiffs are therefore ORDERED to file a copy of their proposed sur-reply, along with a

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brief of no longer than three pages, by the end of the day on November 19, 2012. This brief should

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address how Plaintiffs meet the standard for filing a sur-reply under Local Rule 7-3(d). Defendants

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may file any response in the form of a brief not to exceed three pages by noon on November 20,

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2012.

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IT IS SO ORDERED.

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Dated: November 19, 2012

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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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