HOLLISTER v. SOETORO et al

Filing 20

MOTION for Leave to File a Surreply by GREGORY S. HOLLISTER (Attachments: # 1 Text of Proposed Order)(tg, )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

: : Plaintiff, : vs. : CIVIL ACTION NO. 1:08-cv-02254 JR : BARRY SOETORO, et al., : : Defendants. :

GREGORY S. HOLLISTER,

PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUR-REPLY

Plaintiff Greg Hollister, through his undersigned Counsel, John D. Hemenway, Esquire, Philip J. Berg, Esquire and Lawrence J. Joyce, Esquire respectfully requests leave to file a Sur-reply to Respond to Defendants' Reply1 to the Plaintiff's Brief and Memorandum of Law in Opposition to Defendants' Motion to Dismiss. Plaintiff respectfully submits that this Sur-reply is necessary because the Defendants' Counsel Reply Brief contains several incorrect statements that cannot go unrebutted. For the above aforementioned reasons, Plaintiff respectfully requests this Court to grant his Motion for leave to file his Sur-reply.

On February 11, 2009 this Court Ordered Plaintiff to file a Response to Defendants' Motion to Dismiss, although moot, as Plaintiff had already filed a First Amended Complaint. This Honorable Court Ordered Plaintiff's Response to be filed by February 13, 2009 [within 2 days]. This Court did not Order or mention any type of reply deadlines. On February 26, 2009 [13 days after Plaintiff's Response], Defendants filed a "Reply" to Plaintiff's February 13, 2009 Brief and Memorandum of Law in Opposition to the Defendants' Motion to Dismiss without a Motion for Leave of this Court to file said "Reply". In the event that Defendants' Reply is accepted, Plaintiff, Greg S. Hollister's, Sur-reply should also be accepted in the interest of a balanced and complete record.

1

I:\HollisterMotionLeavetofileSurreply030209

2

Respectfully submitted,

Dated: March 2, 2009

s/ John D. Hemenway _____________________________ John D. Hemenway, Esquire Hemenway & Associates Attorney for Plaintiff 4816 Rodman Street NW Washington, D.C. 20016 [phone] D.C. Bar No. 379663

Dated: March 2, 2009

s/ Philip J. Berg ___________________________ Philip J. Berg, Esquire Attorney for Plaintiff 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 PA Identification No. 09867 [phone]

Dated: March 2, 2009

s/ Lawrence J. Joyce ____________________________ Lawrence J. Joyce, Esquire Attorney for Plaintiff 1517 N. Wilmot Road, Suite 215 Tucson, AZ 85712 Arizona Bar No. 020856 [phone]

I:\HollisterMotionLeavetofileSurreply030209

3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA GREGORY S. HOLLISTER, : : Plaintiff, : vs. : CIVIL ACTION NO. 1:08-cv-02254 JR : BARRY SOETORO, et al, : : Defendants. :

CERTIFICATE OF SERVICE

I, Philip J. Berg, Esquire, hereby certify that Plaintiff's Motion for Leave to File a Sur-reply was served via email this 2nd day of March 2009 upon the following: Robert F. Bauer, Esquire PERKINS COIE 607 Fourteenth Street N.W. Washington, D.C. 20005-2003 Telephone: [phone] Facsimile: [phone] [e-mail]

s/ Philip J. Berg ______________________________ PHILIP J. BERG, ESQUIRE Attorney for Plaintiff 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 [phone]

I:\HollisterMotionLeavetofileSurreply030209

4