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Kim-C1, LLC v. Valent Biosciences Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 13, 2010

KIM-C1, LLC, PETITIONER,
v.
VALENT BIOSCIENCES CORPORATION, RESPONDENT.

ORDER PERMITTING RESPONSE TO SUR-REPLY

The Court permitted the filing of sur-replies as part of an order that moved the hearing on respective motions to confirm and vacate arbitration. See Court's Docket Doc. No. 45. Petitioner filed a sur-reply, but Respondent did not. On August 3, 2010, Respondent objected to Petitioner's sur-reply and argued that Petitioner switched positions, made new arguments, and misstated the holdings of cited cases.

The Court will not strike Petitioner's sur-reply. Instead, Respondent may file a response to the sur-reply. The Court does not foresee any further briefing by either party.

Accordingly, IT IS HEREBY ORDERED that Respondent may file a response to Petitioner's sur-reply on or by 3:00 p.m. on August 20, 2010, but the response to the sur-reply may not exceed 15 total pages.

IT IS SO ORDERED.

20100813

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