Tutoring Club, LLC v. Swenson
Filing
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ORDER Granting 42 Motion for leave to file a sur-reply. The clerk of the court shall detach the sur-reply, filed as Exhibit 1, to defendants motion, and docket it as a sur-reply in opposition to plaintiffs motion for a preliminary injunction. Signed by Judge James C. Mahan on 7/27/2012. (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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TUTORING CLUB, LLC,
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2:12-CV-544 JCM (VCF)
Plaintiff,
v.
CHRISTOPHER B. SWENSON,
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Defendant.
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ORDER
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Presently before the court is defendant Christopher B. Swenson;s motion to strike, or,
alternatively, for leave to file a sur-reply. Doc. #42. Plaintiff has not yet filed a response.
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The matters addressed in defendant’s motion to strike are set for hearing for Wednesday
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August 1, 2012. Defendant will have sufficient opportunity to object to plaintiff’s motion and
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proposed order at that time. Accordingly, the court finds no reason to strike the documents at this
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time. The court will hear the parties’ respective positions on the issue of a preliminary injunction
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at the hearing and only after determine what order to enter.
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However, a sur-reply may be filed by leave of court “to address new matters raised in a reply
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to which a party would otherwise be unable to respond.” Kanvick v. City of Reno, No. 3:06-CV-
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00058-RAM, 2008 WL 873085, *1 n.1 (D. Nev. Mar. 27, 2008). This district often allows sur-
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replies that are deemed “helpful in adjudicating” a pending motion. See, e.g., Visa Intern. Serv.
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Ass’n v. JSL Corp., 533 F. Supp. 2d 1089, 1099 (D. Nev. 2007).
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James C. Mahan
U.S. District Judge
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The court finds that the proposed sur-reply filed as an exhibit to the motion will be helpful
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in adjudicating the pending motion for preliminary injunction. Accordingly, defendant’s motion for
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leave to file a sur-reply is granted. The clerk of the court shall detach the sur-reply, filed as Exhibit
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1, to defendant’s motion, and docket it as a sur-reply in opposition to plaintiff’s motion for a
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preliminary injunction.
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IT IS SO ORDERED.
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DATED July 27, 2012.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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