Conway v. Adrian Carriers, LLC. et al

Filing 124

ORDER granting 121 Motion to Strike. The Court STRIKES the following reply briefs (Docs. 117, 118 and 119). Signed by Judge David R. Herndon on 10/5/2017. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TAMMY CONWAY, individually,
and as Personal Representative
of the Estate of David Conway,
deceased,
Plaintiff,
v.

No. 15-01137-DRH

ADRIAN CARRIERS, LLC,
and GREGORY LEE HORNE,
Defendants.

MEMORANDUM and ORDER

HERNDON, District Judge:
Now before the Court is plaintiff’s motion to strike defendants’ reply briefs
(Doc. 121). Specifically, plaintiffs move to strike defendants’ replies in support of
their motions for summary judgment (Docs. 117, 118 & 119).

Plaintiff argues that

the replies violate Local Rule 7.1(c) in that the replies do not set forth the
“exceptional circumstances” as required by Local Rule 7.1(c). 1 Plaintiff also argues
that two of the reply briefs are more than five pages.

Defendants oppose the

motion stating that the exceptional circumstances are that plaintiff raised new facts
that defendant must address (Doc. 122). After reviewing the record, the Court
agrees with plaintiff.

Thus, the Court GRANTS the motion to strike reply briefs

1 Local Rule 7.1(c) provides in part: “Reply briefs are not favored and should be filed only in
exceptional circumstances. The party filing the reply brief should state the exceptional
circumstances.” Local Rule 7.1(c) (emphasis in original). Local Rule 7.1(d) provides in part:
“Reply briefs shall not exceed 5 pages. Requests for additional pages are not allowed.”

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(Doc. 121).

The Court STRIKES defendants’ reply briefs in support of the

motions for summary judgment (Docs. 117, 118 & 119).
IT IS SO ORDERED.

Digitally signed by
Judge David R. Herndon
Date: 2017.10.05
10:31:54 -05'00'
United States District Judge

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