Ennocenti et al v. Unisys Technical Services LLC et al

Filing 29

ORDER denying Plaintiffs' request to file a sur reply. Signed by Hon. Michael A. Telesca on December 28, 2012. (MES)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
________________________________________
DAVID ENNOCENTI AND JON STEWART,
on behalf of themselves and all
other employees similarly situated,
Plaintiffs,

12-CV-6367
ORDER

v.
UNISYS TECHNICAL SERVICES, LLC,
AND THE UNISYS CORPORATION
Defendants,
________________________________________

The Court has received Plaintiffs’ request to file a sur reply
in response to affidavits and evidence filed for the first time in
Defendants’ reply papers in further support of their second motion
to dismiss for failure to state a claim.

The Court finds that it

is unnecessary to grant Plaintiffs’ request to file a sur reply.
Plaintiffs have adequately responded to Defendants’ arguments in
their opposition papers and the Court will disregard any material
upon which the Defendants rely in their reply briefs which is
either inappropriate on a motion to dismiss or which should have
been

but

was

not

first

presented

in

their

motion

papers.

Accordingly, Plaintiffs’ request is denied.

ALL OF THE ABOVE IS SO ORDERED.
S/ MICHAEL A. TELESCA
HON. MICHAEL A. TELESCA
United States District Judge
Dated:

Rochester, New York
December 28, 2012