United States of America v. City of San Diego

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23cv0541-LL-VET
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
CITY OF SAN DIEGO, et al.,
Defendants.
__________________________________
AND RELATED CROSS-ACTION.
Case No.: 23cv0541-LL-VET
ORDER GRANTING DEFENDANT’S
MOTION TO STRIKE
[ECF No. 212]
Before the Court is Defendant City of San Diego’s (“City”) Motion to Strike Plaintiff
United States of America’s (“United States”) Notice of Clarification filed on December 22,
2025 [ECF No. 211 (“Notice”)]. ECF No. 212 (“Mot.”). United States filed a response in
opposition [ECF No. 213] and the City filed a reply [ECF No. 214]. For the reasons below,
the Court GRANTS the City’s Motion.
On December 22, 2025, United States filed a “Notice of Clarification Regarding Its
Opposition to the City’s Objection to the Magistrate Judge’s Order (ECF 184) and Its
Motion to Limit Review to the Administrative Record (ECF 156).” ECF No. 211. The
Notice essentially asks the Court to consider United States’s argument regarding Atlantic
Richfield Co. v. Christian, 590 U.S. 1 (2020) in deciding the City’s objections to the
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Magistrate Judge’s order denying the City’s motion to compel [ECF No. 184] despite the
fact that the City did not cite or make any arguments based on Atlantic Richfield in its
motion to compel, at the February 4, 2025 motion to compel hearing before Judge Torres,
or in its briefs objecting to Judge Torres’ order denying the motion to compel. ECF No.
211 at 2. The Court agrees with the City that it was an improper sur-reply that was filed
without leave of the Court in violation of the Chambers Rule 3(E) as it does not present
new authority. Therefore, the Court GRANTS the City’s Motion, and ECF No. 211 is
HEREBY STRICKEN.
IT IS SO ORDERED.
Dated: February 27, 2026
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