Guerrero v. California Department of Corrections & Rehabilitation et al

Filing 398

ORDER GRANTING IN PART GUERRERO'S MOTION FOR LEAVE TO FILE A REPLY by Judge William Alsup granting in part and denying in part 395 Motion for Leave to File.(whalc1, COURT STAFF) (Filed on 11/28/2017)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 VICTOR GUERRERO, 10 Plaintiff, 11 For the Northern District of California United States District Court 9 12 13 14 15 No. C 13-05671 WHA v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, and STATE PERSONNEL BOARD, ORDER GRANTING IN PART GUERRERO’S MOTION FOR LEAVE TO FILE A REPLY Defendants. / 16 17 On October 17, defendant State Personnel Board submitted a bill of costs seeking a total 18 of $13,203.70 incurred in defending this action (Dkt. No. 389-1). Plaintiff Victor Guerrero 19 opposed on the grounds that paying these costs would be a hardship for him due to his limited 20 financial resources, and awarding costs would discourage future meritorious employment 21 discrimination suits. Guerrero also objected to certain costs on the separate ground that they are 22 not taxable (Dkt. No. 391). 23 With leave of Court, SPB responded to Guerrero’s motion, raising issues regarding 24 Guerrero’s ability to pay costs as well as the appropriateness of certain individual costs (Dkt. No. 25 394). Guerrero now seeks leave to file a reply. SPB opposes, and in the alternative asks that if 26 Guerrero is permitted to reply, SPB be permitted to file a surreply. 27 28 Having considered the parties’ arguments, Guerrero’s motion for leave to file a reply is GRANTED only insofar as it responds to newly-raised issues regarding Guerrero’s ability to pay costs. The Court will consider only those portions of the brief submitted in connection with his 1 motion for leave to file a reply. His motion is otherwise DENIED. SPB’s motion for leave to file 2 a surreply is DENIED. 3 4 IT IS SO ORDERED. 5 6 Dated: November 28, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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