Arden v. Kastell et al

Filing 80

ORDER DENYING Request to file Sur-Reply 78 , 79 . Signed by Judge Nathanael M. Cousins on November 22, 2011. (nclc2, COURT STAFF) (Filed on 11/22/2011)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 10 Plaintiff, 11 12 13 14 Case No. 10-cv-00436 NC GARY ARDEN, ORDER DENYING REQUEST TO PRESENT SUR-REBUTTAL v. FRANK KASTELL, et al., Re: Docket Nos. 78, 79 Defendants. 15 16 The Court has considered Plaintiff’s request for leave to present sur-rebuttal 17 evidence to certain evidence included in Defendant Frank Kastell’s reply in support of 18 Defendant’s motion for summary judgment. Dkt. No. 78. Plaintiff asserts that 19 submission of the expert report of Scott Seaman was, in fact, reply evidence calculated to 20 “surprise plaintiff and deprive him of the opportunity to rebut it.” Id. Defendant Kastell 21 claims that the Seaman Report was properly submitted in reply to the report of Plaintiff’s 22 Expert, Joseph Solga., Esq. Dkt. No. 79. 23 24 The Court will consider Plaintiff’s objections to evidence filed under Civil L.R. 73(d). Plaintiff’s request to file additional sur-rebuttal evidence, however, is DENIED. 25 26 IT IS SO ORDERED. 27 DATED: November 22, 2011 ____________________________ NATHANAEL M. COUSINS United States Magistrate Judge 28 Case No. 10-cv-00436 NC ORDER RE: SUR-REBUTTAL

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