Inge Van Hees v. BAM Trading Service, Inc.
- Jon Tigar
- 4:25-cv-05685
- U.S. District Court · Northern District of California
- 2
Inge Van Hees v. BAM Trading Service, Inc., Judge Tigar denied Van Hees’s motion to file a sur-reply because no circumstances warranted it.
The ruling affected Inge Van Hees’s request to submit an additional brief in the case; BAM Trading Service, Inc. opposed that request.
What happened
In Inge Van Hees v. BAM Trading Service, Inc., Van Hees asked for permission to file a sur-reply, an additional response to the defendant’s reply brief.
Van Hees said the reply raised new factual and legal arguments. BAM Trading Service, Inc. opposed the request, arguing that its reply raised no improper new arguments and that Van Hees had not shown a sufficient reason for another filing.
Judge Jon S. Tigar denied Van Hees’s request, concluding that the circumstances did not warrant a sur-reply.
The detailed version
- Inge Van Hees v. BAM Trading Service, Inc. · No. 4:25-cv-05685
- Jon Tigar
- Oct. 29, 2025
Background
Plaintiff Inge Van Hees moved for permission to file a sur-reply, meaning an additional brief responding to arguments in a defendant’s reply. Van Hees said the reply raised new factual and legal arguments.
BAM Trading Service, Inc. opposed the motion. It argued that its reply did not improperly raise new arguments and that Van Hees had not shown good cause for filing another brief.
Court’s Analysis
The Court explained that parties do not automatically have the right to file sur-replies. Although a court may allow one, permission is generally appropriate only when a valid reason exists, such as a reply raising new arguments.
The Court agreed with BAM Trading that no circumstances warranted a sur-reply. The Court stated that the reply included arguments raised in response to Van Hees’s opposition, although the provided opinion text is incomplete at that point.
Disposition
The Court denied Van Hees’s motion for leave to file a sur-reply.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.