BESSONG v. EXCEL, INC.

Filing 69

ORDER denying 65 Motion for Leave to File Sur-Surreply Brief. Signed by Judge Richard L. Young on 6/6/2013. (PG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

KIMBERLY YVONNE BESSONG,

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Plaintiff,
vs.
EXEL, INC.,
Defendant.

1:11-cv-01239-RLY-DML

ORDER ON DEFENDANT’S MOTION FOR LEAVE TO FILE SUR-SURREPLY
BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Defendant, Exel, Inc., filed a Motion for Leave to File Sur-Surreply Brief in
Support of Motion for Summary Judgment. Local Rule 56-1(d) provides, in part, that a
surreply may only be filed “if the movant cites new evidence in the reply or objects to the
admissibility of the evidence cited in the response.” The court always tries to allow
litigants a full and fair opportunity to respond to arguments made by their adversary,
including new arguments raised in reply briefs. See e.g., Pike v. Caldera, 188 F.R.D.
519, 535-36 (S.D. Ind. 1999). Yet, the Seventh Circuit has expressed disfavor for
surreplies, hinting that courts do not want to be faced with an endless loop of briefs:
“There is an inherent tension between a court’s desire to keep briefing of summary
judgment motions within reasonable boundaries and a party’s opportunity to be heard on
what may be a decisive evidentiary issue.” Smith v. Bray, 681 F.3d 888, 903 (7th Cir.

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2012). In the present case, the court finds that Plaintiff Bessong has not introduced new
arguments or evidence in her surreply that would warrant Exel’s sur-surreply. Exel’s
proposed sur-surreply merely extends and reframes arguments previously made in its
briefing. The Motion for Leave to File Sur-Surreply Brief in Support of Motion for
Summary Judgment (Docket # 65) is therefore DENIED.

SO ORDERED this 6th day June 2013.

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RICHARD L. YOUNG, CHIEF JUDGE
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
United States District Court
Southern District of Indiana
Southern Districtof Indiana

Distributed Electronically to Registered Counsel of Record.

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