Singer v. Waters Esq
Singer v. Waters Esq
Trial Court Opinion
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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 PAUL SINGER, Case No. 1:25-cv-00532-KES-SAB
12 Plaintiff, ORDER REGARDING PLAINTIFF’S SURREPLY OBJECTIONS TO 13 v. DEFENDANT CRAIG C.O. WATERS ESQ’S REPLY AND VACATING AUGUST 14 CRAIG C.O. WATERS ESQ, et al., 20, 2025 HEARING ON MOTIONS TO STRIKE AND MOTION TO DISMISS 15 Defendants. (ECF Nos. 27, 28, 36) 16 17 On July 7, 2025, Defendant Craig C.O. Waters Esq filed a motion to dismiss and a 18 motion to strike. (ECF Nos. 27, 28.) The motions have been fully briefed (ECF Nos. 33, 36, 19 37); however, on July 28, 2025, Plaintiff, who is proceeding pro se, filed objections by surreply 20 to Defendant’s reply. On July 29, 2025, Plaintiff lodged a declaration of Alex A. Graft. (ECF 21 No. 39.) 22 Pursuant to the District’s Local Rules, “[a]fter a reply is filed, no additional memoranda, 23 papers, or other materials may be filed without prior Court approval . . .” L.R. 230(m). One 24 exception to that rule is that if new evidence was submitted in a reply, an opposing party may file 25 and serve objections to the new evidence within seven days; no further argument may be made. 26 L.R. 230(m)(1). The Court will construe Plaintiff’s surreply as objections to the reply, but the 27 Court will consider the objections only to the extent they address any new evidence purportedly included in the reply. Moreover, because Plaintiff has not sought leave to lodge or file anything 1 further with the Court, the Court will disregard the lodging of the declaration of Alex. A. Graft. 2 Furthermore, in light of the fact that the motions are fully briefed, the Court has—in its 3 discretion—determined to take the motions under submission without a hearing and will vacate 4 the August 20, 2025 hearing. (See ECF Nos. 34, 35.) 5 As a final note, the parties are reminded they must work together to resolve this action. 6 “Judges in the Eastern District of California carry the heaviest caseloads in the nation.” Rush 7 Air Sports, LLC v. RDJ Grp. Holdings, LLC, No. 1:19-cv-00385-LJO-JLT,
2019 WL 4879211, 8 at *1 (E.D. Cal. Oct. 3, 2019). It is not a proper function of this heavily impacted Court to wade 9 through endless filings on a routine motion. The parties are strongly encouraged to resolve their 10 disputes independently. In doing so, the parties are required to treat each other in a civil, 11 professional, and respectful manner. It is this Court’s endeavor to secure a just, speedy, and 12 inexpensive determination of an action as contemplated by Rule 1 of the Federal Rules of Civil 13 Procedure. The Court expects all parties, including those proceeding pro se, to be familiar with 14 the Federal Rules of Civil Procedure, the Local Rules, and previous orders by the Court. See 15 L.R. 183(a). The parties are advised that any future violation of these Rules or a Court order 16 may result in sanctions, including but not limited to stricken filings or monetary sanctions. 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 1 Accordingly, the Court hereby ORDERS: 2 1. The Court construes Plaintiff's surreply (ECF No. 38) as objections to 3 Defendant’s reply (ECF No. 37) and will consider them as contemplated 4 by Local Rule 230(m)(1); 5 2. Plaintiff's notice of lodgment of the declaration of Alex. A. Graft (ECF 6 No. 39) is DISREGARDED; 7 3, The motions to strike and motion to dismiss (ECF Nos. 27, 28, 36) are 8 hereby SUBMITTED; no new filings shall be considered without prior 9 authorization from the Court; and 10 4. The August 20, 2025 hearing on the motions is hereby VACATED. 11 10 IT IS SO ORDERED. FA. ee 13 | Dated: _ July 29, 2025 STANLEY A. BOONE 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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