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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VICTOR GUERRERO,

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Plaintiff,

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For the Northern District of California

United States District Court

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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.
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On October 17, defendant State Personnel Board submitted a bill of costs seeking a total

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of $13,203.70 incurred in defending this action (Dkt. No. 389-1). Plaintiff Victor Guerrero

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opposed on the grounds that paying these costs would be a hardship for him due to his limited

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financial resources, and awarding costs would discourage future meritorious employment

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discrimination suits. Guerrero also objected to certain costs on the separate ground that they are

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not taxable (Dkt. No. 391).

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With leave of Court, SPB responded to Guerrero’s motion, raising issues regarding

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Guerrero’s ability to pay costs as well as the appropriateness of certain individual costs (Dkt. No.

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394). Guerrero now seeks leave to file a reply. SPB opposes, and in the alternative asks that if

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Guerrero is permitted to reply, SPB be permitted to file a surreply.

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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

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motion for leave to file a reply. His motion is otherwise DENIED. SPB’s motion for leave to file

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a surreply is DENIED.

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IT IS SO ORDERED.

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Dated: November 28, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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