Salon Adrian, Inc. v. CBL & Associates, Inc.

Filing 232

ORDER re 211 SEALED Response filed by Wave Length Hair Salons of Florida, Inc. Plaintiff's Objection to Order Granting Defendants a Sur-Reply to Plaintiff's Motion for Class Certification (Doc. 211 ) is OVERRULED. Signed by Judge Sheri Polster Chappell on 11/7/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
WAVE LENGTH HAIR SALONS OF
FLORIDA, INC., on behalf of itself and
all others similarly situated
Plaintiff,
v.

Case No: 2:16-cv-206-FtM-38MRM

CBL & ASSOCIATES PROPERTIES,
INC., CBL & ASSOCIATES
MANAGEMENT, INC., CBL &
ASSOCIATES LIMITED
PARTNERSHIP and JG GULF
COAST TOWN CENTER, LLC,
Defendants.
/
ORDER1
Before the Court is Plaintiff’s Objection to Order Granting Defendants a Sur-Reply
to Plaintiff’s Motion for Class Certification (Doc. 211), and Defendants’ Response to
Plaintiff’s Objection to Order Granting a Sur-Reply (Doc. 219). For the following reasons,
Plaintiff’s objection is overruled.
Under Federal Rule of Civil Procedure 72(a), a party may object to a magistrate
judge’s order on a nondispositive matter. The district court must “modify or set aside any

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part of the order that is clearly erroneous or is contrary to law.” Fed. R. Civ. P. 72(a). “A
finding is clearly erroneous if the reviewing court, after assessing the evidence in its
entirety, is left with definite and firm conviction that a mistake has been committed.” A.R.
by an through Root v. Dudek, 151 F. Supp. 3d 1309, 1312 (S.D. Fla. 2015) (citation
omitted). “A magistrate judge’s order is contrary to law when it fails to apply or misapplies
relevant statutes, case law, or rules of procedure.” Fid. Nat’l. Title Ins. Co. v. J.P. Morgan
Chase Bank, N.A., 3:10-CV-1153-J-34JRK, 2012 WL 12965923, at *1 (M.D. Fla. Mar. 26,
2012) (internal quotations omitted).
Here, Plaintiff objects to United States Magistrate Judge Mac R. McCoy granting
Defendants leave to file a sur-reply in opposition to Plaintiff’s motion for class certification.
(Doc. 211). Plaintiff’s objection spans sixteen pages of argument and more than 1,400
pages of exhibits. (Doc. 211). Defendants oppose Plaintiff’s motion. (Doc. 219). Since
then, Plaintiff moved for and was granted leave to file a sur-sur-reply in support of its
motion for class certification. (Docs. 222; 226).
Because Plaintiff received leave to file a sur-sur-reply, the issue is moot. But even
if the

issue

was not moot, the Court finds Plaintiff’s position unavailing.

“A district court's decision to permit the filing of a surreply is purely discretionary and
should generally only be allowed when ‘a valid reason for such additional briefing exists,
such as where the movant raises new arguments in its reply brief.’” First Specialty Ins.
Corp. v. 633 Partners, Ltd., 300 Fed. App’x. 777, 788 (11th Cir. 2008) (citation omitted).
Here, Judge McCoy considered Defendants’ motion for leave to file a sur-reply and found
valid reason to grant it. (Docs. 189; 191). Judge McCoy’s decision was neither clearly

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erroneous nor contrary to law. And Plaintiff’s long-winded objection does nothing to
persuade otherwise. Plaintiff’s objection is overruled.
Accordingly, it is now
ORDERED:
Plaintiff’s Objection to Order Granting Defendants a Sur-Reply to Plaintiff’s Motion
for Class Certification (Doc. 211) is OVERRULED.
DONE and ORDERED in Fort Myers, Florida this 7th day of November 2018.

Copies: All Parties of Record

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