R. Prasad Industries v. Flat Irons Environmental Solutions Corporation et al

Filing 141

ORDER, Defendants shall file a sur-reply to Plaintiff's motion for partial summary judgment by 11/14/14, addressing only the new evidence and arguments offered by Plaintiff in its reply to its motion for partial summary judgment. Signed by Senior Judge James A Teilborg on 11/10/14. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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R. Prasad Industries,

No. CV-12-08261-PCT-JAT
Plaintiff,

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v.

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ORDER

Flat Irons Environmental Solutions
Corporation, et al.,

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Defendants.

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On March 26, 2014, Plaintiff R. Prasad Industries moved for partial summary

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judgment. (Doc. 103). Defendants filed its opposition to the motion on April 28, 2014,

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objecting to a number of documents Plaintiff submitted in support of its Motion.

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(Doc. 109). Plaintiff filed its reply on May 15, 2014, along with a supplemental statement

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of facts and additional evidence to rebut the arguments Defendants made in their

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opposition. (Doc. 112). Because it would be unfair to consider evidence presented in

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Plaintiff’s reply without giving Defendants an opportunity to respond, see Provenz v.

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Miller, 102 F.3d 1478, 1483 (9th Cir. 1996), the Court will allow Defendants to file a sur-

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reply to Plaintiff’s motion for partial summary judgment. The sur-reply must address

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only the new evidence and arguments offered by Plaintiff in its reply.

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Accordingly,

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IT IS ORDERED that Defendants shall file a sur-reply to Plaintiff’s motion for

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partial summary judgment by November 14, 2014, addressing only the new evidence and

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arguments offered by Plaintiff in its reply to its motion for partial summary judgment.

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Dated this 10th day of November, 2014.

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