Salazar-Martinez v. Fowler Brothers, Inc. et al

Filing 36

ORDER denying 29 Motion to file a Sur-Reply. Signed by Hon. Michael A. Telesca on November 4, 2010. (Kilian, Mary)

Salazar-Martinez v. Fowler Brothers, Inc. et al

Doc. 36

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK EUSTACIO SALAZAR-MARTINEZ, on behalf of himself and all other similarly situated persons, Plaintiffs, v. FOWLER BROTHERS, INC., JOHN FOWLER, ROBERT FOWLER, JOHN D. FOWLER and AUSTIN FOWLER Defendants. 10-CV-6257 ORDER

By motion dated October 21, 2010, Plaintiff filed a motion to permit a Sur-Reply to address new arguments and evidence in

Defendants' Reply to Plaintiff's Opposition to Defendant's motion for summary judgment. Plaintiff has already addressed Defendants'

arguments based on Castellanos-Contreras v. Decatur Hotels, --F.3d at ---- , Docket No. 07-30942, 2010 WL 3816016 (5th Cir. Oct. 1, 2010) in his Reply to Defendant's Opposition to his motion to issue notice to the class, and this Court does not find that the new translation of the Declaration of Angelica Maria Nava Piņa requires further argument. a Sur-Reply is denied. ALL OF THE ABOVE IS SO ORDERED. S/ Michael A. Telesca ______________________________ MICHAEL A. TELESCA United States District Judge Dated: Rochester, New York November 4, 2010 Therefore, Plaintiff's motion to file

Dockets.Justia.com