Equal Employment Opportunity Commission v. JBS USA, LLC

Filing 324

MINUTE ORDER granting 321 Plaintiff EEOC's Motion to Disregard NewArgument in Defendant's Reply [ECF 320] or, Alternatively, for Leave to File Surreply to Defendants' [Second] Motion for Leave to Disclose Additional Rebuttal Expert [ECF 304]. The Clerk of the Court shall accept Plaintiff EEOC'sSurreply to Defendant's [Second] Motion for Leave to Disclose Additional Rebuttal Expert [ECF304] [#321-1] for filing as of the date of this Order. By Magistrate Judge Kristen L. Mix on 2/12/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02103-PAB-KLM
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
IRAQ ABADE, et al.,
Plaintiffs-Intervenors,
v.
JBS USA, LLC, d/b/a JBS Swift & Company,
Defendant.
______________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff EEOC’s Motion to Disregard New
Argument in Defendant’s Reply [ECF 320] or, Alternatively, for Leave to File Surreply
to Defendants’ [Second] Motion for Leave to Disclose Additional Rebuttal Expert
[ECF 304] [#321]1 (the “Motion”). The Motion is opposed but Defendant has not yet filed
a Response.2 In the Motion, Plaintiff argues that the Court should either (a) disregard
Defendant’s argument that the supplemental report of Plaintiff’s rebuttal expert, Keith
Koontz, was not timely disclosed or (b) grant Plaintiff permission to file a surreply
addressing that argument. See generally Motion [#321]; see also Reply in Support of
Motion for Leave to Disclose Additional Rebuttal Expert Witness [#320] at 3 (“If it had been
provided on time . . .”), 6 (“untimely delivery of Mr. Koontz’s recent 34 page report . . .”).
IT IS HEREBY ORDERED that the Motion [#321] is GRANTED to the extent it seeks

1

“[#321]” is an example of the convention I use to identify the docket number assigned to
a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I
use this convention throughout this Order.
2

Pursuant to D.C.COLO.LCivR 7.1(d), the Court may rule on a pending motion at any time.

1

permission to file a surreply.
IT IS FURTHER ORDERED that the Clerk of the Court shall accept Plaintiff EEOC’s
Surreply to Defendant’s [Second] Motion for Leave to Disclose Additional Rebuttal Expert
[ECF304] [#321-1] for filing as of the date of this Order. No additional pleadings will be
permitted to be filed regarding Defendant’s Motion for Leave to Disclose Additional Rebuttal
Expert Witness [#304].
Dated: February 12, 2014

2