Hawn v. Defense Language Institute in Monterey CA et al

Filing 44

ORDER granting 43 Plaintiff's Request for Leave to File Sur-reply. The sur-reply filed by Plaintiff 41 will be considered in connection with Defendant's pending Motion to Dismiss. Defendant may file a response to Plaintiff's su r-reply on or before 1/15/2014. Once this response is filed, no further briefing will be considered for the Motion to Dismiss and no such briefing should be filed by either party. Signed by Judge Edward J. Davila on 1/6/2014. (ejdlc1S, COURT STAFF) (Filed on 1/6/2014) (Additional attachment(s) added on 1/6/2014: # 1 Certficate of Service) (ecg, COURT STAFF).

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION CASE NO. 5:12-cv-05014 EJD KAMINI HAWN, 11 ORDER GRANTING PLAINTIFF’S REQUEST FOR LEAVE TO FILE SURREPLY Plaintiff(s), For the Northern District of California United States District Court 10 12 13 v. JOHN MCHUGH, Secretary of the Army, [Docket Item No(s). 43] 14 Defendant(s). 15 16 / Plaintiff’s request for leave to file a sur-reply (Docket Item No. 43) is GRANTED. The sur- 17 reply filed by Plaintiff on October 3, 2013 (Docket Item No. 41) will be considered in connection 18 with Defendant’s pending Motion to Dismiss. Defendant’s objection to the sur-reply (Docket Item 19 No. 42), although well-taken, is OVERRULED. 20 Pursuant to his request, Defendant may file a response to Plaintiff’s sur-reply on or before 21 January 15, 2014. Once this response is filed, no further briefing will be considered for the Motion 22 to Dismiss and no such briefing should be filed by either party. 23 IT IS SO ORDERED. 24 25 Dated: January 6, 2014 EDWARD J. DAVILA United States District Judge 26 27 28 1 CASE NO. 5:12-cv-05014 EJD ORDER GRANTING PLAINTIFF’S REQUEST TO FILE SUR-REPLY

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