Luksza et al v. The TJX Companies
Filing
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ORDER Denying 60 Motion for Leave to a Surreply. Motion Hearing on 8 Motion for Conditional Certification is set for 6/7/2012 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 5/18/2012. (Copies have been distributed pursuant to the NEF - SLR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CAROLYN DUNN LUKSZA & PATRICIA
FOSER, individually and on behalf of others
similarly situated,
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Plaintiffs,
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vs.
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TJX COMPANIES, INC., d/b/a TJ MAXX,
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Defendants.
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__________________________________________)
Case No.: 2:11-cv-01359-JCM-GWF
ORDER
Motion for Leave to File
Surreply (#60)
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This matter comes before the court on Defendant’s Motion for Leave to File a Surreply
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(#60), filed on May 4, 2012; Response to Motion for Leave (#62), filed on May 10, 2012; and
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Defendant’s Reply (#63), filed on May 17, 2012. Defendant requests the Court allow it to file a
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surreply in opposition to Plaintiff’s Motion for Conditional Certification (#8). Defendant argues
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that Plaintiff introduced new facts and arguments in their Reply (#58), which are inaccurate
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portrayals of the record and/or misstatements of the applicable law.
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The parties have submitted lengthy briefs in support of and in opposition to Plaintiff’s
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Motion for Conditional Certification (#8). At this time, the Court finds that additional briefing is
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not necessary or warranted. This finding however does not preclude Defendant from addressing
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any of their concerns with Plaintiff’s Reply (#58) at the time set for hearing on this matter. After
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the hearing, if the Court finds that further briefing is necessary, the Court will order the parties to
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submit such briefing. Accordingly,
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IT IS HEREBY ORDERED that Defendant’s Motion for Leave to File a Surreply (#60) is
denied.
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IT IS FURTHER ORDERED that a hearing on Plaintiff’s Motion for Conditional
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Certification (#8) is scheduled for Thursday, June 7, 2012 at 9:30 AM in Las Vegas Courtroom
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3A.
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DATED this 18th day of May, 2012.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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