Brooke

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

THERESA BROOKE, Case No. 1:21-cv-00967-AWI-SAB

Plaintiff, ORDER DENYING MOTION TO FILE

SUR-RESPONSE TO MOTION TO SET

v. ASIDE DEFAULT/DISMISS

SAI ASHISH, INC., (ECF No. 24)

Defendant.

15 On August 26, 2021, Defendant filed a motion to set aside the entry of default and/or dismiss the complaint. (ECF No. 16.) Plaintiff filed an opposition to the motion (ECF No. 22) and Defendant filed a reply (ECF No. 23). On October 6, 2021, the parties appeared before the Court for the hearing on the motion. (See ECF No. 19.) Later that afternoon, Plaintiff filed the instant “motion to file sur-response to motion to set aside default and to dismiss.” (ECF No. 24.) Plaintiff seeks to file a surreply in order to brief the Court on two Ninth Circuit cases: Whitaker v. Tesla Motors, Inc., 985 F.3d 1173 (9th Cir. 2021), which Plaintiff maintains supports the element of injury-in-fact in Plaintiff’s ADA claim, and Gordon v. Virtumundo, Inc.,…