Brinker
Brinker v. Axos Bank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 JENNIFER BREAR BRINKER, Case No. 22-cv-0386-MMA (DDL)
Plaintiff,
ORDER DENYING PLAINTIFF’S EX
v. PARTE MOTION FOR LEAVE TO
FILE SUR-REPLY
AXOS BANK, et al., [Doc. No. 248] Defendants.
15 16 AXOS BANK, et al., Counter-Claimants, 18 v. 19 JENNIFER BREAR BRINKER,
Counter-Defendant. 22 23 On March 14, 2025, Defendant filed its motion for summary judgment. Doc. No. 201. Plaintiff subsequently filed her opposition, to which Defendant filed a reply. Doc. Nos. 234, 239. Plaintiff now requests permission to file a sur-reply. See Doc. No. 248. Plaintiff contends that Defendant improperly raised two new arguments for the first time in its reply brief: (1) that Murray v. UBS Sec., LLC, 601 U.S. 23 (2024), establishes that an employer has absolute immunity to terminate a whistleblower so long as the termination is part of a layoff; and (2) that case law analyzing “pretext”…