Kelso

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIUS BUTLER, No. 2:22-cv-1301 KJN P Plaintiff, v. ORDER J. CLARK KELSO, et al., Defendants. 16 On December 27, 2022, plaintiff filed a motion for permission and an extension of time to file a surreply to the receiver defendants’ reply in support of the motion to dismiss. Plaintiff contends that the receiver challenged the timeliness of plaintiff’s opposition for the first time in their reply and therefore he needs to address it in a further filing. Parties do not have the right to file sur-replies and motions are deemed submitted when the time to reply has expired. Local Rule 230(l). The Court generally views motions for leave to file a sur-reply with disfavor. Hill v. England, 2005 WL 3031136, at *1 (E.D. Cal. Nov. 8, 2005) (citation omitted); Turner v. Admin. Sec. Personell, 2017 WL 4387326, at *1 (E.D. Cal. Oct. 3, 2017) (“district courts have the discretion to either permit or preclude a surreply.”) Such…