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, )

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