Brickey et al v. Dolgencorp, Inc. et al

Filing 171

ORDER that plaintiffs' response 170 , which I treat as a motion for reconsideration, is denied. Signed by Hon. David G. Larimer on 10/30/09. (EMA)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ TAMMY BRICKEY, et al., Plaintiffs, DECISION AND ORDER 06-CV-6084L v. DOLGENCORP, INC., et al., Defendants. ________________________________________________ Defendants moved for leave to file a surreply concerning a pending motion (Dkt. #168). After due consideration, the Court granted the motion (Dkt. #169). By letter dated October 28, 2009, filed that same day (Dkt. #170), plaintiffs seek an opportunity to oppose the motion to file a surreply or, in the alternative, to file a response to that surreply. I consider plaintiffs' motion in the nature of a motion for reconsideration and deny it. The Court has ample information before it on the pending motion. If it believes further briefing is necessary, the parties will be so advised. If argument is scheduled, either side can request leave to file post-argument briefs. CONCLUSION Plaintiffs' response (Dkt. #170), which I treat as a motion for reconsideration, is denied. IT IS SO ORDERED. _______________________________________ DAVID G. LARIMER United States District Judge Dated: Rochester, New York October 30, 2009. -2-

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