Robert L. Meinders, D.C., LTD v. Unitedhealthcare, Inc. et al

Filing 29

ORDER denying 23 Motion to Strike and denying 23 Motion for Leave to File. Further, the Court STRIKES the sur-reply contained in the motion. Signed by Chief Judge David R. Herndon on 9/3/14. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DR. ROBERT L. MEINDERS. D.C. LTD.,
Individually and as the representative of
a class of similarly-situated persons,
Plaintiff,
v.

No. 14-0548-DRH

UNITEDHEALTHCARE, INC.,
UNITEDHEATLHCARE OF ILLINOIS,
INC., and JOHN DOES 1-12
Defendants.
ORDER
HERNDON, Chief Judge:
Pending before the Court is plaintiff’s motion to strike defendants’ reply
brief or in the alternative for leave to file the within sur-reply thereto, instanter
(Doc. 23).

Defendants oppose the motion (Doc. 27).

Based on the following,

the Court denies the motion and strikes the sur-reply.
Plaintiffs argue that defendants’ reply brief improperly raises a new legal
theory and factual basis for dismissal.

Defendants contend that plaintiffs’

motion is an attempt to file a sur-reply in violation of the Local Rules and that the
motion is ill-founded on the merits.

Local Rule 7.1(c) provides in part:

“Reply briefs are not favored and should be filed in only
exceptional circumstances. The party filing the reply brief shall
state the exceptional circumstances. Under no circumstances will
sur-reply briefs be accepted.”
Here, the reply brief states that exceptional circumstances are present as
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plaintiff’s memorandum in opposition raises a new issue that was not addressed
in defendants’ motion and ignores relevant law and facts relating to that issue.
The Court has reviewed the pleadings and finds that defendants’ reply brief is an
appropriate reply brief contemplated by the Local Rules.

Thus, the Court

DENIES plaintiff’s motion to strike defendants’ reply brief or in the alternative for
leave to file the within sur-reply thereto, instanter (Doc. 23) and STRIKES the
sur-reply.
IT IS SO ORDERED.
Signed this 3rd day of September, 2014.

Digitally signed
by David R.
Herndon
Date: 2014.09.03
13:30:32 -05'00'

Chief Judge
United States District Court

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