Grace et al v. Alaska Air Group, Inc. et al

Filing 18

ORDER REQUESTING SURREPLY AND CONTINUING HEARING, Set/Reset Deadlines as to 5 MOTION for Preliminary Injunction and Order to Show Cause Prohibiting the Acquisition of Virgin America, Inc. by Defendants Alaska Air Group, Inc. and Alaska Airlines, Inc.. Motion Hearing set for 10/19/2016 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 10/6/16. (whalc1, COURT STAFF) (Filed on 10/6/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DANIEL GRACE, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,

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v.
ALASKA AIR GROUP, INC., et al.,

ORDER REQUESTING
SURREPLY AND
CONTINUING HEARING

Defendant.
/

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No. C 16-05165 WHA

Defendants object to reply evidence submitted in support of plaintiffs’ motion for a

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preliminary injunction of the merger of two airlines. Among the objectionable reply

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declarations is a report from plaintiffs’ expert providing, for the first time, sworn support for

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plaintiffs’ HHI calculations, even though the analysis had been solicited and completed before

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the filing of the complaint and without identifying the expert in Rule 26 disclosures.

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Defendants seek to strike the untimely and undisclosed reply evidence.

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Rather than strike the untimely evidence, defendants may file a surreply by OCTOBER

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12 AT NOON. The surreply and any supporting declarations shall be limited to direct rebuttal of

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the evidence raised for the first time in plaintiffs’ reply declarations. Any extraneous material

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will not be considered. The hearing on the motion for a preliminary injunction is hereby

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CONTINUED to WEDNESDAY, OCTOBER 19 AT 8:00 A.M.

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IT IS SO ORDERED.
Dated: October 6, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE