(PC) Calhoun v. Dela Cruz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMONT CALHOUN, No. 2:20-cv-2209 DAD DB P Plaintiff, v. ORDER DELA CRUZ, et al., Defendants.

17 Plaintiff has requested an extension of time of ninety days to file a reply to defendants’ December 21, 2022, opposition to plaintiff’s December 19, 2022, motion to amend. Additionally, plaintiff has requested an extension of time of ninety days to file a sur-reply to defendants’ December 19, 2022, reply in support of the July 28, 2022, motion for summary judgment. Defendants have filed an opposition to plaintiff’s request for leave to file a sur-reply. As to the motion for summary judgment, there is no right to file a further sur-reply because the motion for summary judgment is already fully briefed with the motion, plaintiff’s opposition, and defendants’ reply brief. See Local Rule 230(l). Nevertheless, district courts have discretion to either permit or deny a further sur-reply. See U.S. ex rel. Meyer v. Horizon…