NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA

Filing 21

MOTION for Leave to File Sur-Reply by ALLIANCE FOR JUSTICE, NATIONAL CONSUMER LAW CENTER, NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attachments: #1 Exhibit Sur-Reply, #2 Statement of Facts, #3 Text of Proposed Order)(Gupta, Deepak)

Case 1:16-cv-00745-ESH Document 21 Filed 08/17/16 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NATIONAL VETERANS LEGAL
SERVICES PROGRAM, et al.,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.

Case No. 16-745-ESH

PLAINTIFFS’ MOTION FOR LEAVE TO FILE A SUR-REPLY
The plaintiffs respectfully seek leave to file the attached one-paragraph sur-reply to
address two new points raised in the government’s reply in support of its motion to dismiss. See
Ben-Kotel v. Howard Univ., 319 F.3d 532, 536 (D.C. Cir. 2003) (“The district court routinely grants
such motions [for leave to file a surreply] when a party is unable to contest matters presented to
the court for the first time in the last scheduled pleading.”); Fischer v. FBI, Civ. 07-2037ESH, 2008
WL 2248711, at *1 (D.D.C. 2008) (Huvelle, J.) (same). The government opposes this request.
Respectfully submitted,
/s/ Deepak Gupta
DEEPAK GUPTA
JONATHAN E. TAYLOR
GUPTA WESSLER PLLC
1735 20th Street, NW
Washington, DC 20009
Phone: [phone]
[e-mail], [e-mail]

August 17, 2016

WILLIAM H. NARWOLD
MOTLEY RICE LLC
3333 K Street NW, Suite 450
Washington, DC 20007
Phone: [phone]
[e-mail]
Attorneys for Plaintiffs

Case 1:16-cv-00745-ESH Document 21 Filed 08/17/16 Page 2 of 2

CERTIFICATE OF SERVICE
I hereby certify that on August 17, 2016, I filed the foregoing motion for leave to file a
sur-reply through this Court’s CM/ECF system, and that all parties required to be served have
been thereby served.
/s/ Deepak Gupta
Deepak Gupta