Glass v. AsicNorth Incorporated

Filing 53

ORDER denying 51 Motion to Strike. Plaintiff may file a surreply addressing the new evidence presented in John Condrey's affidavit no later than 11/4/2019. Signed by Judge Douglas L Rayes on 10/22/2019. (MMO)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kevin W Glass,

No. CV-18-00898-PHX-DLR

Plaintiff,

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v.

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AsicNorth Incorporated,

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ORDER

Defendant.

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Before the Court is Plaintiff’s motion to strike the declaration of John Condrey.

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(Docs. 51, 52.) The Court will not consider new evidence presented in a reply to a motion

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for summary judgment without giving the non-movant the opportunity to respond. Provenz

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v. Miller, 102 F. 3d 1478, 1483 (9th Cir. 1996).

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IT IS ORDERED that Plaintiff’s motion to strike (Doc. 51) is DENIED. Plaintiff

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may file a surreply addressing the new evidence presented in John Condrey’s affidavit no

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later than November 4, 2019.

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Dated this 22nd day of October, 2019.

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Douglas L. Rayes
United States District Judge