Opinion
2:09-cv-2448-LRH-RJJ.
December 15, 2010
ORDER
Before the court is plaintiff Emmanuel Pacquiao's ("Pacquiao") motion to strike portions of defendant Mayweather Promotions, LLC ("Mayweather Promotions") reply to its motion to dismiss, or in the alternative, for leave to file a sur-reply. Doc. #97. Mayweather Promotions filed an opposition (Doc. #99) to which Pacquiao replied (Doc. #100).
Refers to the court's docket number.
I. Facts and Background
II. Discussion
12Tovar v. United States Postal Service3 F.3d 12711273Provenz v. Miller102 F.3d 14781483
Here, Mayweather Promotions argues that its reply only responds to new allegations against it raised in Pacquiao's opposition, and as such, these arguments should not be stricken from the reply. The court agrees. However, the court finds that based on the breadth of arguments raised in the reply, Pacquiao should be granted an opportunity to provide a brief response. See Cedars-Sinai Medical Center v. Shalala, 177 F.3d 1126, 1129 (9th Cir. 1999) (a court has the inherent authority to grant leave to a party to file a sur-reply when the information would be germane to the court's evaluation of a pending matter). Therefore, the court shall grant Pacquiao's motion with respect to filing a sur-reply.
IT IS THEREFORE ORDERED that plaintiff's motion to strike (Doc. #97) is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall file a brief sur-reply to defendant's motion to dismiss (Doc. #49) of no more than five (5) pages, within ten (10) days of entry of this order.
IT IS SO ORDERED.
DATED this 15th day of December, 2010.