Gilmore v. State of Mississippi et al

Filing 42

ORDER. Plaintiff has 7 days from the date of this Order to file a sur-response to Reply 39 which contains Declaration [39-1]. Signed by District Judge Keith Starrett on 6/29/2017 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
KARLENE GILMORE
v.

PLAINTIFF
CIVIL ACTION NO. 2:17-CV-63-KS-MTP

STATE OF MISSISSIPPI, et al.

DEFENDANTS

ORDER
This matter is before the Court on the Reply [39] to Response to Motion to Substitute Party
filed by the United States of America (the “United States”). In its Reply [39], the United States
introduces for the first time a Declaration [39-1] of Amos P. Parker, Jr., which details the scope of
responsibilities Defendant Gregory Michel had as Installation Commander for Camp Shelby Joint
Forces Training Center, Mississippi, and how those related to the All Ranks Club. The Fifth
Circuit has said that a district court has discretion to rely on new evidence and arguments presented
for the first time in a reply brief, but must “give the non-movant an adequate opportunity to respond
prior to ruling.” Vais Arms, Inc. v. Vai, 383 F.3d 287, 292 (5th Cir. 2004) (quoting S.W. Bell Tel.
Co. v. City of El Paso, 346 F.3d 541, 545 (5th Cir. 2003)). Because the Court wishes to rely on
this Declaration [39-1], it finds it appropriate to give Plaintiff Karlene Gilmore an opportunity to
present a sur-response, which will be limited only to this issue. Plaintiff has 7 days from the date
of this order to file her sur-response.
SO ORDERED AND ADJUDGED on this the __29th___ day of June, 2017.

_s/Keith Starrett __________________
KEITH STARRETT
UNITED STATES DISTRICT JUDGE