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Eiess v. USAA Federal Savings Bank, 19-cv-00108-EMC. (2019)

Court: District Court, N.D. California Number: infdco20190627899 Visitors: 17
Filed: Jun. 26, 2019
Latest Update: Jun. 26, 2019
Summary: ORDER DENYING PLAINTIFF'S MOTION TO STRIKE BUT GRANTING ALTERNATIVE MOTION FOR LEAVE TO FILE SUR-REPLY Docket No. 38. EDWARD M. CHEN , District Judge . Plaintiff has moved to strike certain portions of Defendant's reply brief submitted in support of its motion to compel arbitration. According to Plaintiff, Defendant waived the right to make an argument related to delegation because it was not raised in Defendant's opening brief. In the alternative, Plaintiff asks for leave to file a sur-re
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ORDER DENYING PLAINTIFF'S MOTION TO STRIKE BUT GRANTING ALTERNATIVE MOTION FOR LEAVE TO FILE SUR-REPLY

Docket No. 38.

Plaintiff has moved to strike certain portions of Defendant's reply brief submitted in support of its motion to compel arbitration. According to Plaintiff, Defendant waived the right to make an argument related to delegation because it was not raised in Defendant's opening brief. In the alternative, Plaintiff asks for leave to file a sur-reply to address Defendant's delegation argument. The Court hereby DENIES the motion to strike but GRANTS the alternative motion for leave to file a sur-reply. The sur-reply shall be limited to three (3) pages in length and shall be filed by June 27, 2019.

This order disposes of Docket No. 38.

IT IS SO ORDERED.

Source:  Leagle

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