Rebekah Prewitt et al v. Safeway Inc.
Filing
26
ORDER AFFORDING DEFENDANT OPPORTUNITY TO FILE SUR-REPLY RE: MOTION TO REMAND; CONTINUING HEARING ON MOTION TO REMAND. Signed by Judge Maxine M. Chesney on June 21, 2016. (mmclc2, COURT STAFF) (Filed on 6/21/2016)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
REBEKAH PREWITT, et al.,
Plaintiffs,
10
United States District Court
Northern District of California
11
12
13
Case No. 16-cv-02753-MMC
v.
SAFEWAY, INC.,
Defendant.
ORDER AFFORDING DEFENDANT
OPPORTUNITY TO FILE SUR-REPLY
RE: MOTION TO REMAND;
CONTINUING HEARING ON MOTION
TO REMAND
Re: Dkt. Nos. 7, 24
14
15
Before the Court is the “Motion to Remand Action to San Francisco Superior
16
Court,” filed May 26, 2016, by plaintiffs Rebekah Prewitt and Lauren Barry and noticed for
17
hearing on July 8, 2016. Defendant Safeway, Inc. (“Safeway”) has filed opposition, to
18
which plaintiffs have replied. Having read and considered the papers filed in support of
19
and in opposition to the motion, the Court finds it appropriate, for the reasons stated
20
below, to afford Safeway an opportunity to file a sur-reply.
21
In the motion, plaintiffs argue that the instant action should be remanded for
22
certain specified reasons. In the reply, however, plaintiffs seek remand on a ground not
23
raised in their moving papers, namely, that Safeway failed to prove, by attaching
24
evidence to its opposition, that this Court has jurisdiction over the above-titled action.
25
Accordingly, Safeway is hereby afforded leave to file, no later than June 30, 2016,
26
a sur-reply not to exceed eight pages in length, exclusive of exhibits, in which Safeway
27
addresses the above-referenced issue. Given the June 30, 2016, deadline for Safeway’s
28
sur-reply, and the Court’s unavailability on July 15, 2016, the hearing on the Motion to
1
2
3
Remand is hereby CONTINUED to July 22, 2016.
IT IS SO ORDERED.
Dated: June 21, 2016
MAXINE M. CHESNEY
United States District Judge
4
5
6
7
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?