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)

Download PDF
1 2 3 4 5 6 7 8 9 HARMEET K. DHILLON (SBN: 207873) harmeet@dhillonlaw.com KRISTA L. BAUGHMAN (SBN: 264600) kbaughman@dhillonlaw.com GREGORY R. MICHAEL (SBN: 306814) gmichael@dhillonlaw.com DHILLON LAW GROUP INC. 177 Post Street, Suite 700 San Francisco, California 94108 Telephone: (415) 433-1700 Facsimile: (415) 520-6593 Attorneys for Plaintiffs Young America’s Foundation and Berkeley College Republicans 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 Plaintiffs Young America’s Foundation (“YAF”) and Berkeley College Republicans 2 (“BCR”) (collectively, “Plaintiffs”) filed this action against University of California, Berkeley 3 (the “University”) officials, Defendants Janet Napolitano, Nicholas B. Dirks, Stephen C. Sutton, 4 Joseph D. Greenwell, Margo Bennett, Alex Yao, Leroy M. Harris (collectively, “Defendants”) 5 asserting four causes of action for violations under the First and Fourteenth Amendments to the 6 U.S. Constitution. On June 28, 2017, Defendants filed a Motion to Dismiss (Dkt. 13). Plaintiffs 7 filed an opposition (Dkt. 19), and Defendants filed a Reply (Dkt. 20). Before the Court is 8 Plaintiffs’ Administrative Motion For Leave To File Sur-Reply to Motion to Dismiss Or 9 Alternatively To Strike Reply Evidence (the “Administrative Motion”). 10 Having read and considered the Administrative Motion, all papers submitted by the 11 parties in support or opposition thereof, and exhibits attached thereto, and good cause being 12 shown therefor: 13 14 15 16 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. 17 18 IT IS SO ORDERED. 19 20 September 6, 2017 Dated: _____________________ ________________________________ Hon. Maxine M. Chesney United States District Judge 21 22 23 24 25 26 27 28 1 [Proposed] Order Granting Plaintiffs’ Leave to File Sur-Reply Case No. 3:17-cv-02255-MMC

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?