Barnes et al v. The Hershey Company

Filing 322

Order Granting Plaintiffs' Request to File a Surreply By December 9, 2015. (crblc1S, COURT STAFF) (Filed on 12/2/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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GREGORY P. BARNES, ET AL.,
Plaintiffs,

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No. 3:12-cv-01334-CRB
ORDER GRANTING PLAINTIFFS’
REQUEST TO FILE A SURREPLY BY
DECEMBER 9, 2015

v.
THE HERSHEY COMPANY,
Defendant.

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Plaintiffs have objected to declarations that Defendant filed in connection with its

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reply in support of Defendant’s summary judgment motions. See Objections (dkt. 321).

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Plaintiffs argue that they should be given a chance to respond to any new evidence

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introduced. See Provenz v. Miller, 102 F.3d 1478, 1483 (9th Cir. 1996); Miller v. Glenn

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Miller Productions, Inc., 454 F.3d 975, 979 n.1 (9th Cir. 2006). For good cause shown, the

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Court ORDERS that Plaintiffs submit a surreply that is (1) confined in scope to any new

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evidence submitted by Defendant, (2) no longer than 10 pages in length, and (3) filed no later

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than Wednesday, December 9, 2015. The Court further orders that the December 11, 2015

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hearing on the summary judgment motions be VACATED and reset for December 18, 2015.

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IT SO ORDERED.

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Dated: December 2, 2015
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE