Roth Grading, Inc. v. H.M. Miller Construction Co.

Filing 67

ORDER - The Defendant's Motion for Leave to File a Sur-Reply in Opposition to Plaintiff's Motion for Summary Judgment (Filing No. 59 ) is denied. The Plaintiff's Motion for Leave to File Supplemental Index of Evidence in Support of Motion for Summary Judgment (Filing No. 62 ) is granted. The Plaintiff shall submit its supplemental index of evidence on or before July 25, 2012. Ordered by Chief Judge Laurie Smith Camp. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROTH GRADING, INC., d/b/a IMPACT
ROLLER TECHNOLOGY,
CASE NO. 8:11CV242
Plaintiff,
vs.

ORDER

H.M. MILLER CONSTRUCTION CO.,
Defendant.
Before the Court is the Defendant’s Motion for Leave to File a Sur-Reply in
Opposition to Plaintiff’s Motion for Summary Judgment (Filing No. 59), and the Plaintiff’s
Motion for Leave to File Supplemental Index of Evidence in Support of Motion for
Summary Judgment (Filing No. 62). Both Motions are opposed. (See Filing No. 60
(opposition to Defendant’s Motion); Filing No. 63 (opposition to Plaintiff’s Motion).)
Having considered the matters, the Defendant’s Motion for Leave to File a Sur-Reply
will be denied, and the Plaintiff’s Motion for Leave to File Supplemental Index of
Evidence will be granted. Accordingly,
IT IS THEREFORE ORDERED:
1. The Defendant’s Motion for Leave to File a Sur-Reply in Opposition to
Plaintiff’s Motion for Summary Judgment (Filing No. 59) is denied;
2. The Plaintiff’s Motion for Leave to File Supplemental Index of Evidence in
Support of Motion for Summary Judgment (Filing No. 62) is granted; and
3. The Plaintiff shall submit its supplemental index of evidence on or before July
25, 2012.
Dated this 20th day of July, 2012.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge