Pham et al

Filing 47

ORDER Denying request to file sur-reply, filed by ComUnity Lending, Incorporated. Signed by Judge James Ware on October 3, 2008. (jwlc3, COURT STAFF) (Filed on 10/3/2008)

1 2 3 4 5 6 7 8 9 10 In re ComUnity Lending, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-00201 JW ORDER DENYING REQUEST TO FILE SUR-REPLY

United United States District Court

11
For the Northern District of California

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Presently before the Court is Defendant's Request to File Sur-Reply in Opposition to Plantiffs' and Counter-Defendants' Motion for Summary Judgment. (Docket Item No. 44.) Defendant requests permission pursuant to Civil Local Rule 7-3(d) to file a sur-reply to CounterDefendants' Reply in Support of Motion for Summary Judgment, on the ground that Defendant requires an opportunity to address certain issues raised in Counter-Defendants' Reply. (See Docket Item No. 40.) The Court finds that Defendant's Request is not timely in that it was filed on October 1, 2008, merely five days before oral argument on the motion. Accordingly, the Court DENIES Defendant's Request to File Sur-Reply.

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Jesse Landis Hill [e-mail] Jesse Landis Hill [e-mail] John Walshe Murray [e-mail] Matthew Brooks Borden [e-mail] Robert Anthony Franklin [e-mail] Ronald Scott Kravitz [e-mail] Dated: October 3, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

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