UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
October 30, 2007
ECHOSTAR SATELLITE, LLC, ET AL., PLAINTIFF,
VIEWTECH, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Thomas J. Whelan United States District Judge
AND DENYING IN-PART ORDER GRANTING IN-PART PLAINTIFF'S EX PARTE APPLICATION [DOC. NO. 18]
Pending before the Court is Plaintiffs' ex parte application to strike the new arguments raised in Defendants' reply in support of their motion to dismiss the complaint. Alternatively, Plaintiffs request leave to file a sur-reply in order to respond to the new arguments. Defendants' oppose the motion to strike, but consent to Plaintiffs filing a sur-reply.
Having considered the papers submitted, and good cause appearing, the Court DENIES the motion to strike, but GRANTS the request to file a sur-reply. [Doc. No. 18.] The proposed sur-reply, attached to the Plaintiffs' ex parte application as Exhibit A, shall be filed within 5 court days of this order. There shall be no further briefing. Additionally, in light of the foregoing, the hearing on Defendants' motion to dismiss is continued until November 19.2007. The matter will be decided on the papers, and there shall be no oral argument. See Civil Local Rule 7.1(d.1).
IT IS SO ORDERED.
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