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Palmtree Acquisition Corp. v. Neely

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Oct 5, 2011
No. C-08-3168 EMC (N.D. Cal. Oct. 5, 2011)

Opinion

No. C-08-3168 EMC

10-05-2011

PALMTREE ACQUISITION CORPORATION, Plaintiff, v. MICHAEL R. NEELY, et al., Defendants. KIRRBERG CORPORATION, et al., Third-Party Plaintiffs, v. DOROTHY ANDERSON, Trustee of The Anderson Marital Trust and The Anderson Tax Deferral Trust, Third-Party Defendant.


ORDER RE SUR-REPLY

The Trustee has filed a motion to dismiss certain claims asserted in Third-Party Plaintiffs' fourth amended third-party complaint ("FATC"). On October 5, 2011, the Trustee filed a reply brief in support of its motion. In the reply brief, the Trustee raises new arguments that could have been raised in its opening motion. Moreover, it expands the request for relief i.e., asking for dismissal of the entire FATC and not simply the two claims initially identified in its opening brief. While the Court should arguably strike the reply brief for those reasons, in the interest of justice, it shall not do so and instead shall give Third-Party Plaintiffs an opportunity to file a sur-reply. Third-Party Plaintiffs have leave to file a sur-reply, not to exceed fifteen pages in length, by October 12, 2011.

IT IS SO ORDERED.

EDWARD M. CHEN

United States District Judge


Summaries of

Palmtree Acquisition Corp. v. Neely

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Oct 5, 2011
No. C-08-3168 EMC (N.D. Cal. Oct. 5, 2011)
Case details for

Palmtree Acquisition Corp. v. Neely

Case Details

Full title:PALMTREE ACQUISITION CORPORATION, Plaintiff, v. MICHAEL R. NEELY, et al.…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Oct 5, 2011

Citations

No. C-08-3168 EMC (N.D. Cal. Oct. 5, 2011)