SYMONS INTERNATIONAL GROUP, INC. et al v. CONTINENTAL CASUALTY COMPANY

Filing 911

ORDER granting Judgment Debtor Alan G. Symons' 900 Motion for Leave to File Sur-Reply in Opposition to Continental Casualty Company's Application for Order Charging Judgment Debtor Alan G. Symons' Interests in Limited Liability Companies. Symons does not have to refile the exhibits on the docket. The Court has reviewed and considered the documents as already provided. Signed by Magistrate Judge Mark J. Dinsmore on 9/26/2017. (SWM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

SYMONS INTERNATIONAL GROUP, INC.,
BRADFORD T. WHITMORE,
Plaintiffs,
vs.
CONTINENTAL CASUALTY COMPANY,
Defendant.

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No. 1:01-cv-00799-RLY-MJD

ORDER ON MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO
CCC’S APPLICATION FOR ORDER CHARGING JUDGMENT DEBTOR ALAN G.
SYMONS’ INTERESTS IN LIMITED LIABILITY COMPANIES
This matter comes before the Court on Judgment Debtor Alan G. Symons’ (“Symons”)
Motion for Leave to File Sur-Reply in Opposition to Continental Casualty Company’s
Application for Order Charging Judgment Debtor Alan G. Symons’ Interests in Limited Liability
Companies. [Dkt. 900.]
On July 28, 2017, Judgment Creditor Continental Casualty Company (“CCC”) filed its
Application for Order Charging Judgment Debtor Alan G. Symons’ Interests in Limited Liability
Companies ACE Mobility, LLC (“ACE”); Lifepress, LLC f/k/a Sams Technical Publishing, LLC
(“Lifepress”); SAW Capital, LLC (“SAW”); AGS Capital, LLC (“AGS”); Superior Metal
Technologies, LLC (“Superior”); The Trophy Club, LLC (“Trophy”); Brendanwood Financial
Brokerage, LLC (“Brendanwood”); and SMT Transportation, LLC (“SMTT”). [Dkt. 895.] On
August 9, 2017, CCC filed its Amended Application removing SAW from the list of entities
CCC contends Symons holds a membership interest. [Dkt. 896.] On August 11, 2017, Symons
responded to both CCC’s original and amended applications. [Dkt. 898.]

On August 18, 2017, CCC filed its reply in further support of its amended application.
[Dkt. 899.] CCC argues that Symons has membership interest in Superior and Lifepress and
attached as Exhibit A Symons’ own LinkedIn profile which stated that he “[c]urrently owns
Superior Metal, [and] SAMS Publishing [otherwise known as Lifepress].” [Id. at 3.] Similarly,
CCC asserts that throughout the course of post-judgment discovery, Symons has indicated that
he has a membership interest in SMTT and Brendanwood. [Id. at 4.] Furthermore, CCC attached
as Exhibit B the Affidavit of Evan Yablonsky indicating that Brendanwood’s counsel confirmed
Symons has a ten percent (10%) ownership interest in the company. [Id.] CCC did not include
these information in its original and amended applications. [See Dkt. 895; Dkt. 896.]
On August 23, 2017, Symons filed a motion for leave to file sur-reply in opposition to
CCC’s application. [Dkt. 900.] Symons argues that CCC’s Reply contains factual and legal
inaccuracies that Symons addressed in his Sur-Reply, which was attached as Exhibit A to his
motion. [Id.]
It is well settled that the decision whether to grant a motion for leave to file a sur-reply is
within the Court’s discretion. In re Dairy Farmers of Am., Inc., 80 F. Supp. 3d 838, 857 (N.D.
Ill. 2015). See also Johnny Blastoff, Inc. v. L.A. Rams, 188 F.3d 427, 439 (7th Cir. 1999). The
Court should deny a motion to file a sur-reply “when the movant has had the opportunity to
thoroughly brief the issues.” Id. (quoting Univ. Healthsystem Consortium v. UnitedHealth Grp.,
Inc., 68 F. Supp. 3d 917, 922, 2014 WL 4685753, at *3 (N.D. Ill. Sept. 19, 2014)). A sur-reply is
not necessary when “[e]ach brief in the sequence on the motion fairly responded to the
arguments in the brief that preceded it.” Id. (quoting Franek v. Walmart Stores, Inc., 2009 WL
674269, at *19 (N.D. Ill. Mar. 13, 2009)).

Here, Symons contends that a sur-reply “is necessary to clarify the [factual and legal]
issues raised in CCC’s Reply.” [Dkt. 900.] CCC’s Reply contained information that were not
included in its Application or Amended Application such as Symons’ LinkedIn profile stating
that he owns Superior and Lifepress, and the Affidavit of Evan Yablonsky who testified that
counsel for Brendanwood told him that Symons holds a ten percent (10%) membership interest
in Brendanwood. [See Dkt. 895; Dkt. 896; Dkt. 899.] Thus, Symons did not have the
opportunity to thoroughly address these issues in his response. As a result, the Court exercises
its discretion in favor of granting Symons’ motion for leave to file a sur-reply.
Accordingly, Symons’ motion [Dkt. 900] is hereby GRANTED. Symons does not have
to refile the exhibits on the docket. The Court has reviewed and considered the documents as
already provided.

Dated: 26 SEP 2017

Distribution:
Service will be made electronically
on all ECF-registered counsel of record via
email generated by the court’s ECF system.