Shelby v. City of Omaha et al

Filing 65

ORDER - THEREFORE, IT IS ORDERED THAT plaintiff's motion to file a sur-reply brief, Filing No. 62 , is denied. Ordered by Senior Judge Joseph F. Bataillon. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TRACI SHELBY,
Plaintiff,

8:14CV379

v.
ORDER
CITY OF OMAHA, A Political Subdivision;
BERNARD L. POST, in their official and
individual capacities; and EDWARD B.
MCNULTY, in their official and individual
capacities;
Defendants.

This matter is before the court on plaintiff’s motion for leave to file a sur-reply
brief. Filing No. 62. The defendants oppose this request, arguing they have presented
no new evidence in their reply brief, and in fact defendants argue they are only
responding to arguments made in plaintiff’s opposition brief. The court has carefully
reviewed the motions and briefs. The court is of the opinion that further briefing is not
needed in this case. The court is cognizant of the claims in this case, and it appears the
issues are fully briefed.
THEREFORE, IT IS ORDERED THAT plaintiff’s motion to file a sur-reply brief,
Filing No. 62, is denied.

Dated this 13th day of September, 2016.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge