White et al v. 14051 Manchester, Inc. et al

Filing 195

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants' Motion to Strike Plaintiffs' Reply Memorandum in Support of Their Combined Motion to Strike Affidavits and Memorandum in Support Thereof 192 is DENIED. IT IS FURTHER ORDERED that Defendants shall have until Monday, November 25, 2013 to file a sur-response. Signed by District Judge John A. Ross on 11/19/13. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

THELMA WHITE, et al.,
Plaintiffs,
v.
14051 MANCHESTER, INC. d/b/a
HOTSHOTS SPORTS BAR & GRILL, et al.,
Defendants.

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Case No. 4:12CV469 JAR

MEMORANDUM AND ORDER
This matter is before the Court on Defendants= Motion to Strike Plaintiffs’ Reply
Memorandum in Support of Their Combined Motion to Strike Affidavits and Memorandum in
Support Thereof (AMotion@; ECF No. 192). In that Motion, Defendants assert that Plaintiffs’
Reply Memorandum in Support of Their Combined Motion to Strike Affidavits and Memorandum
in Support Thereof (“Reply”; ECF No. 191) was not provided for under the Case Management
Order and was untimely. Plaintiffs have filed an opposition to Defendants’ Motion. (ECF No.
194).
The Court finds that Plaintiffs’ Reply was not untimely under the Federal Rules. See
Fed.R.Civ.P. 6(a)(1)(C), 6(d). To the extent that Defendants assert that Plaintiffs’ Reply was not
provided for under the CMO, the Court will allow Defendants to file a sur-response to address any
issues raised in Plaintiffs’ Reply. Defendants must include any arguments they want the Court to
consider in their sur-response.

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Accordingly,
IT IS HEREBY ORDERED that Defendants= Motion to Strike Plaintiffs’ Reply
Memorandum in Support of Their Combined Motion to Strike Affidavits and Memorandum in
Support Thereof [192] is DENIED.
IT IS FURTHER ORDERED that Defendants shall have until Monday, November 25,
2013 to file a sur-response.

Dated this 19th day of November, 2013.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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