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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Plaintiff,

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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.

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The Court has considered Plaintiff’s request for leave to present sur-rebuttal

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evidence to certain evidence included in Defendant Frank Kastell’s reply in support of

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Defendant’s motion for summary judgment. Dkt. No. 78. Plaintiff asserts that

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submission of the expert report of Scott Seaman was, in fact, reply evidence calculated to

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“surprise plaintiff and deprive him of the opportunity to rebut it.” Id. Defendant Kastell

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claims that the Seaman Report was properly submitted in reply to the report of Plaintiff’s

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Expert, Joseph Solga., Esq. Dkt. No. 79.

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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.

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IT IS SO ORDERED.

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DATED: November 22, 2011
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 10-cv-00436 NC
ORDER RE: SUR-REBUTTAL