Henenfent v. LG Electronics USA, Inc.

Opinion

UNITED STATES DISTRICT COURT JEFF HENENFENT, Case No. 1:23-cv-00354-NODJ-SAB Plaintiff, ORDER GRANTING DEFENDANT’S REQUEST FOR LEAVE TO FILE A REPLY v. TO PLAINTIFF’S RESPONSE TO LG ELECTRONICS USA, INC., SUPPLEMENTAL AUTHORITY Defendant. (ECF Nos. 34, 35, 36) SEVEN DAY DEADLINE Defendant’s motion to compel arbitration and motion to dismiss are currently pending before the Court. (ECF Nos. 9, 10.) On January 8, 2024, Defendant filed a notice of supplemental authority, Wheeler v. LG Elecs. USA, Inc., No. 1:22-CV-00459-NODJ-BAM, 2024 WL 51353 (E.D. Cal. Jan. 4, 2024), in support of its motion to compel arbitration. (ECF No. 34.) See L.R. 230(m)(2) (“After a reply is filed, no additional memoranda, papers, or other materials may be filed without prior Court approval except…Any party may file a notice of supplemental authority to bring the Court’s attention to a relevant judicial opinion issued after the date that party’s opposition or reply was filed. The notice of supplemental authority may contain a citation to the new authority but may not contain additional argument on the motion”). On January 24, 2024, Plaintiff filed a response to Defendant’s notice of supplemental authority proffering additional argument without first requesting leave from this Court. (ECF improper and unauthorized under Local Rule 230(m), or, in the alternative, leave to file a reply to Plaintiffs response. (ECF No. 36.) Defendant’s argument that Local Rule 230(m) prohibits additional filings, subject to limited exceptions, without first requesting leave from this Court is well-taken. The Court will provide Defendant an opportunity to respond to Plaintiffs response. Accordingly, IT IS HEREBY ORDERED that Defendant shall file a reply to Plaintiff's response to Defendant’s notice of supplemental authority within seven (7) days of entry of this order. IT IS SO ORDERED. DAA (e_ Dated: _ January 31, 2024

UNITED STATES MAGISTRATE JUDGE