Faragalla v. Douglas County School District et al

Filing 201

ORDER denying 191 plaintiffs Motion for Leave to Respond to CPs Reply to Response to Summary Judgment Motion by Magistrate Judge Boyd N. Boland on 03/05/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 07-cv-02584-REB-BNB ABEER FARAGALLA Plaintiff, v. DOUGLAS COUNTY SCHOOL DISTRICT RE1 "DCSD," CEREBRAL PALSY OF COLORADO "CP," DOUGLAS COUNTY EDUCATION FOUNDATION, and DOUGLAS COUNTY SCHOOL DISTRICT BOARD OF EDUCATION "BOE," Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the plaintiff's Motion for Leave to Respond to CP's Reply to Response to Summary Judgment Motion [Doc. #191, filed 03/02/2009] (the "Motion"). The Motion is DENIED. Defendant Cerebral Palsy of Colorado, Inc. ("CP"), filed a motion for summary judgment on January 23, 2008 [Doc. #152]. The plaintiff filed a response to the summary judgment motion on February 17, 2008 [Doc. #181], and CP filed a reply in support of their motion on February 27, 2008 [Doc. #189]. The plaintiff seeks leave to file a sur-reply on the basis that the defendant's reply contains issues which were not raised in the summary judgment motion. I have reviewed the parties' briefs, and I find that the defendant's reply does not assert any new legal arguments, nor does it contain any new factual evidence. Accordingly, the plaintiff's request is denied. See

Vittoria North America, L.L.C. v. Euro-Asia Imports Inc., 278 F.3d 1076, 1086 (10th Cir. 2001) (upholding the trial court's denial of a request to file a sur-reply). IT IS ORDERED that the Motion is DENIED. Dated March 5, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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