Kalasho et al v. Iraq, Republic of et al

Filing 87

ORDER denying 84 Motion to Strike. Signed by Magistrate Judge R. Steven Whalen. (GWil)

Kalasho et al v. Iraq, Republic of et al

Doc. 87

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TAHRIR SHAKIR KALASHO, Plaintiff, v. REPUBLIC OF IRAQ, Defendant. / ORDER DENYING DEFENDANT'S MOTION TO STRIKE Before the Court is Defendant's Motion to Strike Plaintiff's Surreply [Docket #84]. At issue is Plaintiff's self-styled "Additional Clarification to Defendant's Reply" [Docket #83]. Defendant is correct that the Plaintiff's pleading is in effect a surreply regarding the pending motion to dismiss, and that such pleadings are not authorized by the court rules without leave of the court. The Plaintiff's surreply addresses a statute of limitations issue raised by Defendant. While Plaintiff ought to have addressed this issue in his original response, I will grant him some latitude, in recognition of the fact that he is now proceeding pro se, and the statute of limitations issue may be dispositive of his claims. Defendant's motion to strike [Docket #84] is therefore DENIED. However, Defendant may, within seven days of the date of this order, file a supplemental pleading, limited to five pages, addressing the arguments made in Plaintiff's
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No. 06-11030 District Judge Nancy G. Edmunds Magistrate Judge R. Steven Whalen

Dockets.Justia.com

surreply. NO ADDITIONAL PLEADINGS WILL BE FILED REGARDING THE PENDING MOTION TO DISMISS [Docket #78]. IT IS SO ORDERED.

S/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: August 3, 2010 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served on the attorneys and/or parties of record by electronic means or U.S. Mail on August 3, 2010. S/G. Wilson Judicial Assistant

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