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TOMPKINS v. C & S WHOLESALE GROCERS, INC.

No. 2:11-cv-02836-GEB-EFB.

DAVID TOMPKINS; individually, and on behalf of other members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attorneys General Act ("PAGA"), Plaintiffs, v. C & S WHOLESALE GROCERS, INC., a Vermont corporation; TRACY LOGISTICS, LLC, an unknown business entity; and DOES 1 through 100, inclusive, Defendants.

United States District Court, E.D. California.

January 18, 2012.

Attorney(s) appearing for the Case

David Tompkins, Plaintiff represented by Douglas Han , R. Rex Parris Law Firm.

David Tompkins, Plaintiff represented by R Rex Parris , Law Office of R Rex Parris.

C&S Wholesale Grocers, Inc., a Vermont Corporation, Defendant represented by Barbara J. Miller , Morgan Lewis and Bockius LLP.

C&S Wholesale Grocers, Inc., a Vermont Corporation, Defendant represented by Jennifer L. Bradford , Morgan Lewis and Bockius LLP.

Tracy Logistics LLC, Defendant represented by Barbara J. Miller , Morgan Lewis and Bockius LLP.

Tracy Logistics LLC, Defendant represented by Jennifer L. Bradford , Morgan Lewis and Bockius LLP.

ORDER

GARLAND E. BURRELL, Jr., District Judge.

Defendants filed an ex parte application for leave to file a surreply, arguing Plaintiff "improperly makes new legal arguments based upon new assertions not contained in the Complaint or his moving papers." (Defs.' Mot. 2:27-3:1.) However, neither the Local Rules nor the Federal Rules provide the right to file a surreply, and the Court's "discretion should be exercised in favor of allowing a surreply only where...

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