Harvey

Harvey v. Advisors Mortgage Group, LLC

Good Law
United States District Court, Southern District of CaliforniaSeptember 17, 20213:21-cv-01048California408 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRIAN HARVEY, individually and on Case No.: 21-CV-1048 TWR (AGS) behalf of all others similarly situated,

ORDER DENYING DEFENDANT’S

Plaintiffs, EX PARTE MOTION FOR LEAVE v. TO FILE SUR-REPLY

ADVISORS MORTGAGE GROUP, LLC;

(ECF No. 12) and DOES 1 through 20, inclusive, 16 Defendants.

Presently before the Court is Defendant Advisors Mortgage Group, LLC’s Ex Parte Motion For Leave to File a Sur-Reply in Opposition to Plaintiff’s Motion to Remand Action to State Court (“Ex Parte Mot.,” ECF No. 12). Neither the Federal Rules of Civil Procedure nor this District’s Local Rules provide a right to file a sur-reply. Rather, “permitting the filing of a sur-reply is within the discretion of the district court.” Whitewater W. Indus., Ltd. v. Pac. Surf Designs, Inc., No. 317CV01118BENBLM, 2018 WL 3198800, at *1 (S.D. Cal. June 26, 2018). Sur-replies should be allowed “only where a…

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