Rooney v. Sierra Pacific Windows

Filing 90

Order by Hon. Lucy H. Koh granting 87 Ex Parte Application. (lhklc1, COURT STAFF) (Filed on 8/31/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION
MARTIN F. ROONEY, individually and on
behalf of all others similarly situated,

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Plaintiff,
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v.
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SIERRA PACIFIC WINDOWS, a division of
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SIERRA PACIFIC INDUSTRIES, a California )
corporation,
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Defendant.
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Case No.: 10-CV-00905-LHK
ORDER GRANTING EX PARTE
APPLICTATION TO FILE SURREPLY
TO DEFENDANT’S REPLY TO
DEFENDANT’S MOTION FOR
JUDGMENT ON THE PLEADINGS

Before the Court is Plaintiff’s Ex Parte Application to File Surreply to Defendant’s Reply to
Defendant’s Motion for Judgment on the Pleadings (“Plaintiff’s motion”), ECF No. 87. The Court
recognizes that, as Defendant points out, Plaintiff failed to comply with Civ. L.R. 7-10 governing
ex parte applications. However, the Court construes the motion as an administrative motion under

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Civ. L.R. 7-11, and given that the issue could be case dispositive, considers the merits of the

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motion.

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The Court, having considered Plaintiff’s motion and Defendant’s Opposition to Plaintiff’s
Ex Parte Application to File Surreply to Defendant’s Reply to Motion for Judgment on the
Pleadings, ECF No. 89, hereby GRANTS Plaintiff’s motion. Plaintiffs filed this motion on August
25, 2011, but failed to attach the proposed surreply to their motion. Accordingly, the Court
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Case No.: 1-CV-00905-LHK
ORDER GRANTING EX PARTE APPLICTATION TO FILE SURREPLY TO DEFENDANT’S REPLY TO
DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

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ORDERS Plaintiff to file his surreply no later than August 31, 2011, at 5:00 p.m. PST. The

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surreply is limited to 4 pages.

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IT IS SO ORDERED.
Dated: August 31, 2011

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 1-CV-00905-LHK
ORDER GRANTING EX PARTE APPLICTATION TO FILE SURREPLY TO DEFENDANT’S REPLY TO
DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS