Nagy v. CEP America, LLC

• Court: District Court, N.D. California
• Decided: April 22, 2024
• Docket: 3:23-cv-05648
• Status: Unknown

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 DANIEL E. NAGY, et al., 10 Case No. 23-cv-05648-RS Plaintiffs, 11 v. ORDER GRANTING MOTION FOR 12 LEAVE TO FILE SUR-REPLY CEP AMERICA, LLC, et al., 13 Defendants. 14

15 Plaintiffs move for leave to file a three-page sur-reply in response to what they claim is an 16 argument raised for the first time in Defendants’ motion to dismiss reply brief. They argue a sur- 17 reply is necessary to respond to the new argument that otherwise controlling Ninth Circuit law has 18 since been undermined by two Supreme Court decisions. It appears Defendants’ argument should 19 have been raised in their opening brief and that Plaintiffs would be prejudiced were they not 20 afforded the opportunity to respond. See, e.g., Acasio v. Lucy, No. 14-cv-4689, 2017 WL 1316537, 21 at *10 (N.D. Cal. Apr. 10, 2017) (“Courts routinely refuse to consider argument or authorities 22 raised for the first time in a reply brief because the opposing party has no meaningful opportunity 23 to respond.”). Therefore, Plaintiffs are directed to file their sur-reply brief on the docket by 24 Thursday, April 25, 2024. Defendants’ request to file their own sur-reply is denied. 25 26 IT IS SO ORDERED. 27 1 || Dated: April 22, 2024 2 RICHARD SEEBORG 3 Chief United States District Judge 4 5 6 7 8 9 10 11 12

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4 18 19 20 21 22 23 24 25 26 27 28 ORDER CASE No. 23-cv-05648-RS