Motorists Mutual Insurance Company v. Teel's Restaurant Inc et al

Filing 77

OPINION AND ORDER denying 76 RULE 56 MOTION to Strike 75 Reply to Response to Motion for Summary Judgment filed by Motorists Mutual Insurance Company. Signed by Magistrate Judge Christopher A Nuechterlein on 12/10/09. (kds)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, v. TEEL'S RESTAURANT INC., Defendant. ) ) ) ) ) ) ) ) ) )

CAUSE NO. 3:08-CV-237 CAN

OPINION AND ORDER On November 10, 2009, this Court granted the Plaintiff's motion for partial summary judgment. On November 30, 2009, the Defendant, Teel's Restaurant Inc., filed a reply brief, pertaining to the previously-pending motion for summary judgment. On December 9, 2009, the Plaintiff filed a motion to strike the after-filed brief. This Court now DENIES the Plaintiff's motion to strike. [Doc. No. 76]. The Plaintiff has failed to articulate any prejudice to permit the reply brief to remain as filed. SO ORDERED. Dated this 10th Day of December, 2009. S/Christopher A. Nuechterlein Christopher A. Nuechterlein United States Magistrate Judge