Luksza et al v. The TJX Companies

Filing 64

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)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9
10
11
12
13

CAROLYN DUNN LUKSZA & PATRICIA
FOSER, individually and on behalf of others
similarly situated,

)
)
)
)
Plaintiffs,
)
)
vs.
)
)
TJX COMPANIES, INC., d/b/a TJ MAXX,
)
)
Defendants.
)
__________________________________________)

Case No.: 2:11-cv-01359-JCM-GWF
ORDER
Motion for Leave to File
Surreply (#60)

14
15

This matter comes before the court on Defendant’s Motion for Leave to File a Surreply

16

(#60), filed on May 4, 2012; Response to Motion for Leave (#62), filed on May 10, 2012; and

17

Defendant’s Reply (#63), filed on May 17, 2012. Defendant requests the Court allow it to file a

18

surreply in opposition to Plaintiff’s Motion for Conditional Certification (#8). Defendant argues

19

that Plaintiff introduced new facts and arguments in their Reply (#58), which are inaccurate

20

portrayals of the record and/or misstatements of the applicable law.

21

The parties have submitted lengthy briefs in support of and in opposition to Plaintiff’s

22

Motion for Conditional Certification (#8). At this time, the Court finds that additional briefing is

23

not necessary or warranted. This finding however does not preclude Defendant from addressing

24

any of their concerns with Plaintiff’s Reply (#58) at the time set for hearing on this matter. After

25

the hearing, if the Court finds that further briefing is necessary, the Court will order the parties to

26

submit such briefing. Accordingly,

27
28

IT IS HEREBY ORDERED that Defendant’s Motion for Leave to File a Surreply (#60) is
denied.

1

IT IS FURTHER ORDERED that a hearing on Plaintiff’s Motion for Conditional

2

Certification (#8) is scheduled for Thursday, June 7, 2012 at 9:30 AM in Las Vegas Courtroom

3

3A.

4

DATED this 18th day of May, 2012.

5
6
7

______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2