Opinion
2:11-cv-02138-GEB-EFB
02-05-2013
CALIFORNIA NATURAL PRODUCTS, a California corporation, Plaintiff, v. CAMPBELL SOUP SUPPLY COMPANY, LLC, organized under the laws of Delaware, Defendant.
ORDER
This matter is deemed suitable for decision without oral argument. E.D. Cal. R. 230(g)
Plaintiff moves for permission "to file a short sur-reply and supporting supplemental declaration of Rick Elliott . . . to address [Defendant]'s new arguments." (Pl.'s Mot. Req. Permission to File a Sur-Reply ("Pl.'s Mot.") 3:4-6, ECF No. 33.) Defendant opposes the motion but requests that, "if the Court grants [Plaintiff] the right to file its sur-reply, the Court should allow [Defendant] an opportunity to file a substantive response." (Def.'s Opp'n to Pl.'s Mot. ("Def.'s Opp'n") 1:26-27, ECF No. 35.)
Plaintiff is permitted Sur-Reply and supporting Supplemental Declaration of Rick Elliott, which were attached to Plaintiff's motion as Exhibits A and B, respectively, are hereby deemed filed as Plaintiff requests. (Pl.'s Mot., Exs. A, B.) Further, Defendant's request for the "opportunity to file a substantive response" is granted. (Def.'s Opp'n 1:27.) Defendant shall file its response to Plaintiff's Sur-Reply no later than February 15, 2013.
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GARLAND E. BURRELL, JR.
Senior United States District Judge