Chung v. El Paso School District #11

Filing 44

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/14/15. Motion for Leave to Permit Plaintiff to File Sur-Response [#29] is DENIED.(lgale, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-01520-KLM JULIA CHUNG, Plaintiff, v. EL PASO SCHOOL DISTRICT #11, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff’s Motion for Leave to Permit Plaintiff to File Sur-Response [#29] (the “Motion”). Surreplies are not contemplated by the Federal Rules of Civil Procedure or the Local Rules of Practice. However, “[g]enerally, the nonmoving party should be given an opportunity to respond to new material raised for the first time in the movant's reply.” Green v. New Mexico, 420 F.3d 1189, 1196 (10th Cir. 2005). “Materials, for purposes of this framework, includes both new evidence and new legal arguments.” Id. (internal quotation marks and citation omitted). “[Regardless, i]f the [Court] does not rely on the new material in reaching its decision, [ ] it does not abuse its discretion by precluding a surreply.” Id. (internal quotation marks and citation omitted). IT IS HEREBY ORDERED that the Motion [#29] is DENIED. adequately advised of the issues on the parties’ present briefings. Dated: January 14, 2015 The Court is

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