Equal Employment Opportunity Commission v. Akal Security, Inc.

Filing 49

MEMORANDUM AND ORDER denying 35 plaintiff's Motion to Strike. Signed by District Judge J. Thomas Marten on 7/30/09. (mss)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and MELISSA BELL, SAHRA CARTER, MEKEESHA DELANEY, ANGELA GARCIA, VERNCINA HUTTO, REBECCA MARTINEZ, ELIZABETH PARKER, TAMARA RANSOM, and SHANNON SMITH (f/k/a/ SHANNON HUNTER), Plaintiff-Interveners, vs. AKAL SECURITY, INC., Defendant.

Case 08-1274-JTM-KMH

MEMORANDUM AND ORDER Presently before the court is plaintiff Equal Employment Opportunity Commission (EEOC) and Plaintiff-Interveners (Interveners) joint motion to strike defendant Akal Security, Inc.'s (Akal) reply brief in support of its motion to join the United States Secretary of Defense pursuant to Rule 19 of the Federal Rules of Civil Procedure (Dkt. 30), or alternatively, for leave to file a surreply (Dkt. 35). For the following reasons, this court denies the motion. The EEOC and Interveners move to strike Akal's reply brief because it allegedly contains new factual allegations and arguments not raised in Akal's original motion and supporting memorandum. The court did not materially rely upon Akal's reply brief in determining its

motion to join the United States Secretary of Defense, and thus, the court denies the EEOC and Intervener's motion as moot. IT IS ACCORDINGLY ORDERED this 30th day of July, 2009, that the present motion is hereby denied.

s/ J. Thomas Marten J. THOMAS MARTEN, JUDGE

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