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Arden v. Kastell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 22, 2011
Case No. 10-cv-00436 NC (N.D. Cal. Nov. 22, 2011)

Opinion

Case No. 10-cv-00436 NC

11-22-2011

GARY ARDEN, Plaintiff, v. FRANK KASTELL, et al., Defendants.


ORDER DENYING REQUEST

TO PRESENT SUR-REBUTTAL


Re: Docket Nos. 78, 79

The Court has considered Plaintiff's request for leave to present sur-rebuttal evidence to certain evidence included in Defendant Frank Kastell's reply in support of Defendant's motion for summary judgment. Dkt. No. 78. Plaintiff asserts that submission of the expert report of Scott Seaman was, in fact, reply evidence calculated to "surprise plaintiff and deprive him of the opportunity to rebut it." Id. Defendant Kastell claims that the Seaman Report was properly submitted in reply to the report of Plaintiff's Expert, Joseph Solga., Esq. Dkt. No. 79.

The Court will consider Plaintiff's objections to evidence filed under Civil L.R. 7-3(d). Plaintiff's request to file additional sur-rebuttal evidence, however, is DENIED.

IT IS SO ORDERED.

NATHANAEL M. COUSINS

United States Magistrate Judge


Summaries of

Arden v. Kastell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 22, 2011
Case No. 10-cv-00436 NC (N.D. Cal. Nov. 22, 2011)
Case details for

Arden v. Kastell

Case Details

Full title:GARY ARDEN, Plaintiff, v. FRANK KASTELL, et al., Defendants.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 22, 2011

Citations

Case No. 10-cv-00436 NC (N.D. Cal. Nov. 22, 2011)