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Irving C. Humphrey v. James A. Yates

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


September 23, 2011

IRVING C. HUMPHREY,
PLAINTIFF,
v.
JAMES A. YATES,
DEFENDANT.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER GRANTING DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S SUR REPLY (Doc. 62)

On September 1, 2011, Plaintiff filed a sur-reply to his motion for summary judgment filed April 28, 2011. (Doc. 61.) Neither the Federal Rules of Civil Procedure nor the Local Rules of this Court, however, contemplate the filing of sur-replies. See Local Rule 230(l). Moreover, Plaintiff did not first seek leave from the Court before filing his sur-reply.

Accordingly, it is HEREBY ORDERED that:

1. Defendant's September 14, 2011 motion to strike Plaintiff's sur-reply (Doc. 62) is GRANTED; and

2. Plaintiff's September 1, 2011 sur-reply (Doc. 61) is stricken.

IT IS SO ORDERED.

20110923

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