Do

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MIKE DO, Case No.: 19cv2253-MSB (NLS)

Plaintiff,

ORDER GRANTING IN PART

v. DEFENDANTS’ EX PARTE MOTION [ECF NO. 39] TRI CITY HEALTHCARE DISTRICT, dba TRI CITY MEDICAL CENTER, et al., 15 Defendants. 16 17 On November 2, 2020, Defendants filed an “Ex Parte Application to Strike Do Declaration Submitted with Plaintiff’s Reply Brief.” (ECF No. 39.) They move to strike the following: (1) the declaration of Mike Do (“Do Declaration”) and the accompanying exhibits included in Plaintiff’s Reply brief filed in support of his Motion for Leave to File Amended Complaint [ECF No. 38-1]; and (2) the new arguments in Plaintiff’s Reply brief that rely on or cite the Do Declaration. (ECF No. 39-2 at 1.) In support, Defendants argue that the Do Declaration and accompanying Exhibit A [ECF No. 38-1] offer new evidence, are untimely, and violate Civil Local Rule 7.1(f)(2). (ECF No. 39-2 at 2-3.) Defendants further contend that…