Anoruo v. Shinseki

Filing 19

ORDER Granting 15 Defendant's Motion to Strike 13 Response to Motion to Dismiss. Signed by Magistrate Judge George Foley, Jr on 10/26/2012. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9
10
11
12

JOSEPH CHIDI ANORUO,

)
)
Plaintiff,
)
)
vs.
)
)
ERIK K. SHINSEKI,
)
)
Defendant.
)
__________________________________________)

Case No. 2:12-cv-01190-JCM-GWF
ORDER
Motion to Strike Sur-reply (#15)

13
14

This matter comes before the Court on Defendant’s Motion to Strike Sur-reply (#15), filed

15

on October 25, 2012. Defendant filed a Motion to Dismiss (#4) on September 6, 2012. Plaintiff

16

filed his Response (#10) to the Motion to Dismiss on September 26, 2012, to which Defendant

17

replied on October 5, 2012 (#12). Subsequently, Plaintiff filed a Sur-reply (#13) on October 18,

18

2012. Although Local Rule 7-2 does not provide for the filing of sur-replies, the Court may grant

19

leave for a party to file a sur-reply. See, e.g., Reva Int’l v. Mbraun, Inc., 2007 WL 4592216 at *6

20

n.4 (D. Nevada, December 28, 2007). Here, however, Plaintiff did not seek leave of the Court to

21

file a sur-reply. Accordingly,

22

IT IS HEREBY ORDERED that Defendant Erk Shinseki’s Motion to Strike Sur-reply

23

(#15) is granted. The Clerk of the Court shall strike Plaintiff’s Response to Motion to Dismiss

24

(#13).

25

DATED this 26th day of October, 2012.

26
27
28

______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge