Young America's Foundation et al v. Napolitano et al

Filing 23

ORDER GRANTING LEAVE TO FILE SUR-REPLY TO MOTION TO DISMISS. Plaintiffs shall file the sur-reply in the form attached to the administrative motion no later than September 11, 2017. Signed by Judge Maxine M. Chesney on 09/06/17. (mmclc2, COURT STAFF) (Filed on 9/6/2017)

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HARMEET K. DHILLON (SBN: 207873)
[e-mail]
KRISTA L. BAUGHMAN (SBN: 264600)
[e-mail]
GREGORY R. MICHAEL (SBN: 306814)
[e-mail]
DHILLON LAW GROUP INC.
177 Post Street, Suite 700
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Young America’s Foundation
and Berkeley College Republicans

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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YOUNG AMERICA’S FOUNDATION, a
Case Number: 3:17-cv-02255-MMC
Tennessee nonprofit corporation; and BERKELEY
COLLEGE REPUBLICANS, a student
Honorable Maxine M. Chesney
organization at the University of California, Berkeley,
[PROPOSED] ORDER GRANTING
Plaintiffs,
LEAVE TO FILE SUR-REPLY TO
MOTION TO DISMISS [OR
v.
ALTERNATIVELY] STRIKING
JANET NAPOLITANO, in her official capacity as REPLY EVIDENCE
President of the UC; NICHOLAS B. DIRKS,
September 29, 2017
individually and in his official capacity as Chancellor Date:
Time:
9:00 a.m.
of UC, Berkeley; STEPHEN C. SUTTON,
Courtroom: 7, 19th Floor
individually and in his official capacity as Interim
Vice Chancellor of the Student Affairs Division of
UC, Berkeley; JOSEPH D. GREENWELL,
individually and in his official capacity as Associate
Vice Chancellor and Dean of Students of UC,
Berkeley; MARGO BENNETT, in her official
capacity as Chief of Police of UC Police Department,
at Berkeley; ALEX YAO, individually and in his
official capacity as Operations Division Captain of
UC Police Department, at Berkeley; and LEROY M.
HARRIS, individually and in his official capacity as
Patrol Lieutenant of UC Police Department, at
Berkeley,
Defendants.
[Proposed] Order

Case No. 3:17-cv-02255-MMC

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Plaintiffs Young America’s Foundation (“YAF”) and Berkeley College Republicans

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(“BCR”) (collectively, “Plaintiffs”) filed this action against University of California, Berkeley

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(the “University”) officials, Defendants Janet Napolitano, Nicholas B. Dirks, Stephen C. Sutton,

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Joseph D. Greenwell, Margo Bennett, Alex Yao, Leroy M. Harris (collectively, “Defendants”)

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asserting four causes of action for violations under the First and Fourteenth Amendments to the

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U.S. Constitution. On June 28, 2017, Defendants filed a Motion to Dismiss (Dkt. 13). Plaintiffs

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filed an opposition (Dkt. 19), and Defendants filed a Reply (Dkt. 20). Before the Court is

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Plaintiffs’ Administrative Motion For Leave To File Sur-Reply to Motion to Dismiss Or

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Alternatively To Strike Reply Evidence (the “Administrative Motion”).

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Having read and considered the Administrative Motion, all papers submitted by the

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parties in support or opposition thereof, and exhibits attached thereto, and good cause being

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shown therefor:

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The Court GRANTS Plaintiffs’ Administrative Motion and orders Plaintiffs to file the
September 11
sur-reply in the form attached to the Administrative Motion, by no later than _________, 2017.

[ALTERNATIVELY] The Court GRANTS Plaintiffs’ Administrative Motion and
strikes all evidence and new argument submitted by Defendants on Reply.

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IT IS SO ORDERED.

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September 6, 2017
Dated: _____________________

________________________________
Hon. Maxine M. Chesney
United States District Judge

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[Proposed] Order Granting Plaintiffs’
Leave to File Sur-Reply

Case No. 3:17-cv-02255-MMC