Drevaleva v. U.S. Department of Veterans Affairs et al

Filing 51

ORDER DENYING REQUEST TO FILE SUPPLEMENTAL BRIEFING by Judge William Alsup [denying 42 Motion for Leave to File]. (whasec, COURT STAFF) (Filed on 11/2/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TATYANA EVGENIEVNA DREVALEVA,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 18-03748 WHA

U.S. DEPARTMENT OF VETERANS
AFFAIRS, et al.,

ORDER DENYING
REQUEST TO FILE
SUPPLEMENTAL
BRIEFING

v.

Defendants.
/

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In this pro se employment discrimination action, defendants filed a motion to dismiss

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pursuant to FRCP 12(b)(1) and 12(b)(6). Plaintiff filed her opposition and defendants

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responded (Dkt. Nos. 40, 41). Plaintiff now requests leave to file supplemental briefing

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pursuant to Local Rule 7-3(d).

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

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or letters may be filed with the court without prior approval” unless new evidence has been

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submitted in the reply or relevant judicial opinions were published after the reply or opposition

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was filed. Neither exception applies here.

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Plaintiff alleges that defendants raised new issues in their reply that were not present

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in their motion to dismiss. Plaintiff, however, fails to identify these new issues and does not

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explain what information she found to be “misleading” in defendants’ reply (Dkt. No. 42 at 1).

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Plaintiff has already had the opportunity to present arguments and cite to case law in her

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opposition and various other requests and motions she has submitted. The Court finds no basis

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for permitting additional briefing, thus, plaintiff's request for leave to file a supplemental brief is

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hereby DENIED.

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IT IS SO ORDERED.

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Dated: November 2, 2018.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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