Morgan v. Best Buy Co., Inc.

Filing 33

ORDER Granting defendant Best Buy Co. Inc.'s 31 Motion for Leave to File a Sur-Reply. The briefing on defendant Best Buy Co. Inc.'s 32 Motion for Summary Judgment is suspended pending further order of the court. Plaintiff Barbie Morgan has until 12/15/2017 to file a response to Best Buy's sur-reply. Signed by Judge Andrew P. Gordon on 12/4/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BARBIE MORGAN,

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Case No. 2:17-cv-00034-APG-VCF
Plaintiff,

v.
BEST BUY CO., INC,
Defendant.

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ORDER (1) GRANTING MOTION FOR
LEAVE TO FILE SUR-REPLY, (2)
DIRECTING RESPONSE, AND (3)
SUSPENDING SUMMARY
JUDGMENT BRIEFING
(ECF Nos. 31, 32)

I previously directed plaintiff Barbie Morgan to file a supplemental opposition regarding

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the qualifications of her expert, Dr. Byers. ECF No. 28. Morgan filed her response on November

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28, 2017. ECF No. 30. Defendant Best Buy Co., Inc. moves for leave to file a sur-reply, arguing

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that Dr. Byers admitted at her deposition that she is not opining on causation and would be a

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rebuttal expert. Best Buy thus contends Morgan has no medical expert to testify on causation, so

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Best Buy is entitled to summary judgment. Best Buy also filed a separate summary judgment

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motion given the December 3, 2017 dispositive motion deadline. See ECF No. 14. To save the

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parties’ resources, I am granting Best Buy’s motion for leave to file a sur-reply, suspending the

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summary judgment briefing, and directing Morgan to respond to Best Buy’s sur-reply.

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IT IS THEREFORE ORDERED that defendant Best Buy Co. Inc.’s motion for leave to
file a sur-reply (ECF No. 31) is GRANTED.
IT IS FURTHER ORDERED that briefing on defendant Best Buy Co. Inc.’s motion for
summary judgment (ECF No. 32) is suspended pending further order of the court.
IT IS FURTHER ORDERED that plaintiff Barbie Morgan has until December 15, 2017 to
file a response to Best Buy’s sur-reply.
DATED this 4th day of December, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE