Henenfent v. LG Electronics USA, Inc.

E.D. California

Henenfent v. LG Electronics USA, Inc.

DecidedJanuary 31, 2024

Docket1:23-cv-00354

StatusUnknown

This text of Henenfent v. LG Electronics USA, Inc. (Henenfent v. LG Electronics USA, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Henenfent v. LG Electronics USA, Inc., (E.D. Cal. 2024).

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Opinion

7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 JEFF HENENFENT, Case No. 1:23-cv-00354-NODJ-SAB 11 Plaintiff, ORDER GRANTING DEFENDANT’S 12 REQUEST FOR LEAVE TO FILE A REPLY v. TO PLAINTIFF’S RESPONSE TO 13 DEFENDANT’S NOTICE OF LG ELECTRONICS USA, INC., SUPPLEMENTAL AUTHORITY 14 Defendant. (ECF Nos. 34, 35, 36) 15 SEVEN DAY DEADLINE 16 17 Defendant’s motion to compel arbitration and motion to dismiss are currently pending 18 before the Court. (ECF Nos. 9, 10.) On January 8, 2024, Defendant filed a notice of 19 supplemental authority, Wheeler v. LG Elecs. USA, Inc., No. 1:22-CV-00459-NODJ-BAM, 20 2024 WL 51353 (E.D. Cal. Jan. 4, 2024), in support of its motion to compel arbitration. (ECF 21 No. 34.) See L.R. 230(m)(2) (“After a reply is filed, no additional memoranda, papers, or other 22 materials may be filed without prior Court approval except…Any party may file a notice of 23 supplemental authority to bring the Court’s attention to a relevant judicial opinion issued after 24 the date that party’s opposition or reply was filed. The notice of supplemental authority may 25 contain a citation to the new authority but may not contain additional argument on the motion”). 26 On January 24, 2024, Plaintiff filed a response to Defendant’s notice of supplemental 27 authority proffering additional argument without first requesting leave from this Court. (ECF 1 | improper and unauthorized under Local Rule 230(m), or, in the alternative, leave to file a reply 2 | to Plaintiffs response. (ECF No. 36.) Defendant’s argument that Local Rule 230(m) prohibits 3 | additional filings, subject to limited exceptions, without first requesting leave from this Court is 4 | well-taken. The Court will provide Defendant an opportunity to respond to Plaintiffs response. 5 Accordingly, IT IS HEREBY ORDERED that Defendant shall file a reply to Plaintiff's 6 | response to Defendant’s notice of supplemental authority within seven (7) days of entry of this 7 | order. 8 9 IT IS SO ORDERED. DAA (e_ 10 | Dated: _ January 31, 2024

UNITED STATES MAGISTRATE JUDGE

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7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 JEFF HENENFENT, Case No. 1:23-cv-00354-NODJ-SAB 11 Plaintiff, ORDER GRANTING DEFENDANT’S 12 REQUEST FOR LEAVE TO FILE A REPLY v. TO PLAINTIFF’S RESPONSE TO 13 DEFENDANT’S NOTICE OF LG ELECTRONICS USA, INC., SUPPLEMENTAL AUTHORITY 14 Defendant. (ECF Nos. 34, 35, 36) 15 SEVEN DAY DEADLINE 16 17 Defendant’s motion to compel arbitration and motion to dismiss are currently pending 18 before the Court. (ECF Nos. 9, 10.) On January 8, 2024, Defendant filed a notice of 19 supplemental authority, Wheeler v. LG Elecs. USA, Inc., No. 1:22-CV-00459-NODJ-BAM, 20 2024 WL 51353 (E.D. Cal. Jan. 4, 2024), in support of its motion to compel arbitration. (ECF 21 No. 34.) See L.R. 230(m)(2) (“After a reply is filed, no additional memoranda, papers, or other 22 materials may be filed without prior Court approval except…Any party may file a notice of 23 supplemental authority to bring the Court’s attention to a relevant judicial opinion issued after 24 the date that party’s opposition or reply was filed. The notice of supplemental authority may 25 contain a citation to the new authority but may not contain additional argument on the motion”). 26 On January 24, 2024, Plaintiff filed a response to Defendant’s notice of supplemental 27 authority proffering additional argument without first requesting leave from this Court. (ECF 1 | improper and unauthorized under Local Rule 230(m), or, in the alternative, leave to file a reply 2 | to Plaintiffs response. (ECF No. 36.) Defendant’s argument that Local Rule 230(m) prohibits 3 | additional filings, subject to limited exceptions, without first requesting leave from this Court is 4 | well-taken. The Court will provide Defendant an opportunity to respond to Plaintiffs response. 5 Accordingly, IT IS HEREBY ORDERED that Defendant shall file a reply to Plaintiff's 6 | response to Defendant’s notice of supplemental authority within seven (7) days of entry of this 7 | order. 8 9 IT IS SO ORDERED. DAA (e_ 10 | Dated: _ January 31, 2024

UNITED STATES MAGISTRATE JUDGE

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Henenfent v. LG Electronics USA, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/henenfent-v-lg-electronics-usa-inc-caed-2024.