Friar v. Syntron Material Handling, LLC, et al

Filing 26

ORDER granting in part and denying in part 21 Motion to Strike. Sur-Reply due by 4/19/2018. Signed by District Judge Sharion Aycock on 4/12/2018. (dbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
JOHN FRIAR

PLAINTIFF

V.

CIVIL ACTION NO. 1:17-CV-101-SA-DAS

SYNTRON MATERIAL HANDLING, LLC

DEFENDANT

ORDER
After the pending Motion to Dismiss or for Summary Judgment [14] was fully briefed, the
Plaintiff filed a Motion to Strike [21]. The Plaintiff argues that the Defendant improperly raised a
new argument in its reply brief and requests that the Court either strike the reply or allow the
Plaintiff to file a sur-reply. Specifically, the Plaintiff argues that he has not had an opportunity to
respond to the Defendant’s severance proceeds divestment argument.
The Defendant opposes the Plaintiff’s request to strike the reply, but does not oppose the
Plaintiff’s alternate request to file a sur-reply. Although the Uniform Local Rules do not
specifically provide for sur-replies, it is the usual practice of this Court to allow them in particular
circumstances. In the interest of judicial efficiency and in an effort to have the relevant issues fully
briefed, the Court will allow the Plaintiff to file a brief sur-reply on this particular issue only.
The Plaintiff’s Motion to Strike [21] is GRANTED in PART and DENIED in PART. The
Plaintiff has seven days from the issuance of this order to file a brief sur-reply on the issue of
divestment.
So ORDERED on this the 12th day of March, 2018.
/s/ Sharion Aycock
UNITED STATES DISTRICT COURT JUDGE