Griffin et al v. Alamo et al
Filing
201
ORDER denying 188 Motion to Strike 186 Sur-Reply of Plaintiffs. See Order for specifics. Signed by Honorable Susan O. Hickey on May 19, 2016. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
VANESSA GRIFFIN, ET AL.
V.
PLAINTIFFS
4:14-cv-4065
TONY ALAMO a/k/a BERNIE L. HOFFMAN, ET AL.
DEFENDANTS
ORDER
Before the Court is Separate Defendants’ Motion to Strike Plaintiffs’ Sur-reply. (ECF
No. 188). 1 Plaintiffs have responded to the motion. (ECF No. 195). The Court finds this matter
ripe for consideration.
On January 29, 2016, Separate Defendants filed their Motion for Partial Summary
Judgment. (ECF No. 150). On April 1, 2016, Plaintiffs filed a response to the Motion for Partial
Summary Judgment. (ECF No. 176). On April 8, 2016, Separate Defendants filed their reply.
(ECF No. 182). Eleven days after the reply, and without permission from the Court, Plaintiffs
filed a sur-reply. (ECF No. 186). Separate Defendants request that the sur-reply be stricken
because Plaintiffs did not have permission to file a sur-reply and the sur-reply raises new
arguments that Separate Defendants have not had the opportunity to address. In the alternative,
Separate Defendants request that they be permitted to file a response to the sur-reply.
Upon consideration, the Court finds that the Motion to Strike should be and hereby is
DENIED. However, in the future, all parties must request leave before filing a reply that is not
1
Separate Defendants are Advantage Food Group, Advantage Sales, LLC, Ron Decker, Donn Wolf,
Steve Lovellette, and Jeanne Estate Apartments, Inc. The motion has been joined by Separate Defendants
Action Distributors, Inc., Sally Demoulin, Steven Johnson, Angela Morales, Rite Way Roofing, Inc.,
Tommy Scarcello, and Sandford White. (ECF No. 190).
specifically provided for by the Federal Rules of Civil Procedure or the Local Rules. This would
include sur-replies and replies to any motions other than motions for summary judgment.
The Court will permit Separate Defendants to file a response to Plaintiffs’ sur-reply. This
response is due on or before June 2, 2016. After this response, no further briefing on the Motion
for Partial Summary Judgment will be considered.
IT IS SO ORDERED, this 19th day of May, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?