Zeltiq Aesthetics, Inc. v. BTL Industries, Inc. et al

Filing 64

ORDER granting Defendants leave to file surreply re 56 Motion for Partial Summary Judgment no later than March 6, 2015. Signed by Judge Joseph C. Spero on March 3, 2015. (jcslc2S, COURT STAFF) (Filed on 3/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ZELTIQ AESTHETICS, INC.,

Case No. 13-cv-05473-JCS

Plaintiff,
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v.

ORDER GRANTING LEAVE TO FILE
SURREPLY

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BTL INDUSTRIES, INC., et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff has moved for partial summary judgment. Defendants object to new arguments

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in, and evidence submitted with, Plaintiff’s Reply, and ask the Court to disregard this material.

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See dkt. 62. The Federal Rules provide that an “affidavit supporting a motion must be served with

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the motion,” Fed. R. Civ. P. 6(c)(2), and district courts have discretion to disregard untimely

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evidence and arguments. See Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 898 (1990); Zamani v.

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Carnes, 491 F.3d 990, 997 (9th Cir. 2007). The Court declines to exercise that discretion in this

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case, and instead grants Defendants leave to file a surreply addressing Plaintiff’s new evidence

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and arguments, not to exceed five double-spaced pages, no later than Friday, March 6, 2015.

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Defendants may also file declarations in support of their surreply.

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IT IS SO ORDERED.
Dated: March 3, 2015
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JOSEPH C. SPERO
United States Magistrate Judge