Consolidated Electrical Distributors, Inc. v. United Renewable Energy Co., Ltd.

S.D. California

Consolidated Electrical Distributors, Inc. v. United Renewable Energy Co., Ltd.

District Court, S.D. California·Decided January 18, 2024·No. 3:23-cv-02353·Unknown

Opinion

CONSOLIDATED ELECTRICAL Case No.: 23-CV-2353 TWR (DEB) DISTRIBUTORS, INC., a Delaware corporation, ORDER GRANTING DEFENDANT URECO’S REQUEST FOR LEAVE Plaintiff, TO FILE SURREPLY IN v. OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION FOR OSC UNITED RENEWABLE ENERGY CO., AND TRO LTD., a Taiwanese corporation dba

URECO; BANK OF AMERICA, National (ECF Nos. 18, 19) Association, a corporation, Defendants.

Presently before the Court are Defendant United Renewable Energy Co., LTD.’s (“URECO”) Request for Leave to File a Surreply in Opposition to Plaintiff’s Ex Parte Application for OSC and TRO, (“Ex Parte Application”), (ECF No. 18, “Mot.”) and Plaintiff Consolidated Electrical Distributors, Inc.’s Opposition to Defendant URECO’s Request for Leave to File Surreply (ECF No. 19, “Opp.”). Having reviewed the Parties’ submissions and relevant law, the Court GRANTS the Motion. A decision to grant or deny leave to file a surreply is generally committed to the “sound discretion” of the court. See SEC v. Seaboard Corp., 677 F.2d 1301, 1314 (9th Cir. 1982) (“[A]cceptance or rejection of argumentative briefs, memoranda, and other supplementary material is within the sound discretion of the court.”). On January 15, 2023, Plaintiff replied to URECO’s Opposition to Plaintiff's Ex Parte Application. (See generally ECF No. 16, “Reply”.) In its Reply, Plaintiff raised many novel arguments regarding fraud that it had failed to raise in its Ex Parte Application filed on January 15, }2024. (Compare id., with ECF No. 3.) URECO now seeks leave to address those new arguments in a surreply. (Mot. at 2). If the Court is to consider the new arguments untimely introduced in Plaintiffs Reply, it is only fair to allow Defendant the opportunity to respond. Accordingly, the Court GRANTS URECO leave to file a surreply, not to exceed five (5) pages, on or before Friday, January 19, 2024. Dated: January 18, 2024 —_—— (2 □□□ Honorable Todd W. Robinson United States District Judge

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CONSOLIDATED ELECTRICAL Case No.: 23-CV-2353 TWR (DEB) DISTRIBUTORS, INC., a Delaware corporation, ORDER GRANTING DEFENDANT URECO’S REQUEST FOR LEAVE Plaintiff, TO FILE SURREPLY IN v. OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION FOR OSC UNITED RENEWABLE ENERGY CO., AND TRO LTD., a Taiwanese corporation dba

URECO; BANK OF AMERICA, National (ECF Nos. 18, 19) Association, a corporation, Defendants.

Presently before the Court are Defendant United Renewable Energy Co., LTD.’s (“URECO”) Request for Leave to File a Surreply in Opposition to Plaintiff’s Ex Parte Application for OSC and TRO, (“Ex Parte Application”), (ECF No. 18, “Mot.”) and Plaintiff Consolidated Electrical Distributors, Inc.’s Opposition to Defendant URECO’s Request for Leave to File Surreply (ECF No. 19, “Opp.”). Having reviewed the Parties’ submissions and relevant law, the Court GRANTS the Motion. A decision to grant or deny leave to file a surreply is generally committed to the “sound discretion” of the court. See SEC v. Seaboard Corp., 677 F.2d 1301, 1314 (9th Cir. 1982) (“[A]cceptance or rejection of argumentative briefs, memoranda, and other supplementary material is within the sound discretion of the court.”). On January 15, 2023, Plaintiff replied to URECO’s Opposition to Plaintiff's Ex Parte Application. (See generally ECF No. 16, “Reply”.) In its Reply, Plaintiff raised many novel arguments regarding fraud that it had failed to raise in its Ex Parte Application filed on January 15, }2024. (Compare id., with ECF No. 3.) URECO now seeks leave to address those new arguments in a surreply. (Mot. at 2). If the Court is to consider the new arguments untimely introduced in Plaintiffs Reply, it is only fair to allow Defendant the opportunity to respond. Accordingly, the Court GRANTS URECO leave to file a surreply, not to exceed five (5) pages, on or before Friday, January 19, 2024. Dated: January 18, 2024 —_—— (2 □□□ Honorable Todd W. Robinson United States District Judge

Consolidated Electrical Distributors, Inc. v. United Renewable Energy Co., Ltd., (S.D. Cal. 2024).

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