throbber
Case 3:23-cv-04597-EMC Document 98 Filed 08/22/24 Page 1 of 1
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`ASHLEY M GJOVIK,
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Case No. 23-cv-04597-EMC
`
`
`ORDER DENYING PLAINTIFF’S
`MOTION FOR LEAVE TO FILE SUR-
`REPLY
`
`
`Defendant.
`
`Docket Nos. 93-96
`
`
`
`
`
`
`
`Plaintiff’s motion for leave to file a sur-reply is DENIED. The brief is not targeted to any
`
`alleged new contention in Defendant’s reply. Furthermore, the proposed sur-reply is more than
`
`seventy pages in length, exceeding the page lengths permitted for motions, oppositions, and reply
`
`briefs.
`
`The Court therefore STRIKES the sur-reply and the documents submitted in support. The
`
`declaration is also improper as the motion pending before the Court is a 12(b)(6) motion and not,
`
`e.g., a summary judgment motion.
`
`Finally, to the extent Plaintiff has asked the Court to consider additional case authorities,
`
`see Docket No. 96, the Court reserves ruling as to whether it shall do so.
`
`IT IS SO ORDERED.
`
`
`
`Dated: August 22, 2024
`
`
`
`______________________________________
`EDWARD M. CHEN
`United States District Judge
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket