Zayas v. State of California et al

Filing 68

ORDER by Judge Edward M. Chen denying 67 Plaintiff's Administrative Motion for Leave to Submit Additional Briefing. (emclc2, COURT STAFF) (Filed on 7/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ESTRELLA LYSANDRA ZAYAS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-02739-EMC

v.
JOSE ORTEGA, et al.,
Defendants.

ORDER DENYING PLAINTIFF’S
ADMINISTRATIVE MOTION FOR
LEAVE TO SUBMIT ADDITIONAL
BRIEFING
Docket No. 67

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Plaintiff has asked for leave to file a supplemental brief to discuss a Ninth Circuit decision

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issued after the summary judgment reply briefs were filed. See Shorter v. Baca, No. 16-56051,

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2018 U.S. App. LEXIS 19491 (9th Cir. July 16, 2018). Plaintiff’s motion is denied. Under Civil

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Local Rule 7-3(d), “[o]nce a reply is filed, no additional memoranda, papers or letters may be filed

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without prior Court approval, except,” e.g., “[b]efore the noticed hearing date, counsel may bring

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to the Court’s attention a relevant judicial opinion published after the date the opposition or reply

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was filed by filing and serving a Statement of Recent Decision, containing a citation to and

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providing a copy of the new opinion – without argument.” Civ. L.R. 7-3(d). The Court therefore

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shall not permit Plaintiff to file a supplemental brief. However, it shall take into account the

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Shorter decision cited by Plaintiff.

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This order disposes of Docket No. 67.

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IT IS SO ORDERED.

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Dated: July 24, 2018

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______________________________________
EDWARD M. CHEN
United States District Judge