KRUEGER et al v. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY

Filing 44

ORDER denying 39 Motion to Strike and Alternative Motion for Leave to File Reply signed by SENIOR JUDGE STEPHAN P MICKLE on 7/13/11. (tss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

BEVERLY E. KRUEGER,
Plaintiff,
vs.

CASE NO.: 1:10-CV-128-SPM/GRJ

THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY,
Defendant.
_______________________________/

ORDER DENYING MOTION TO STRIKE
AND ALTERNATIVE MOTION FOR LEAVE TO FILE REPLY
Upon consideration, Plaintiff’s Motion to Strike Defendant’s Memorandum
in Opposition to the Motion for Class Certification (doc. 39) is hereby denied. As
Plaintiff concedes, the Defendant’s responsive memorandum was itself within
the prescribed page limit. Moreover, Plaintiff’s alternative request to file a reply
memorandum is likewise denied, as the Court determines that good cause, a
prerequisite for the filing of reply memoranda pursuant to Northern District of
Florida Local Rule 7.1(C)(2), is lacking for the following reasons:
(1)

The Court is fully capable of considering the Defendant’s response in
opposition and attached exhibits, along with the Plaintiff’s Notice of Filing
(doc. 41) on the Milwaukee decision regarding the challenged exhibit,
without need for additional argument from Plaintiff;

(2)

Plaintiff had an opportunity to analyze and distinguish cases and review
the record prior to filing its Motion for Class Certification, and merely

because Defendant has made arguments in opposition that are contrary
to Plaintiff’s arguments in support does not necessitate further briefing
from Plaintiff.

DONE AND ORDERED this thirteenth day of July, 2011.

s/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

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