Anderson vs. Caldwell County Sheriff's Office, et al

Filing 196

ORDER Pltf's 192 Motion to Strike Defts' Reply is GRANTED, and Caldwell County Defts' 191 Reply Memorandum in Support of [their] Motion for SummaryJudgment is hereby STRICKEN; FURTHER ORDERED Pltf's [1 92] Alternative Motion to Permit Pltf's Reply and Supplemental Exhibits is DENIED; FURTHER ORDERED on or before 11/18/11 Caldwell County Defts may, if appropriate, file a reply brief limited to ten pages, as required by the 37 Case Management Order. Signed by District Judge Martin Reidinger on 11/14/11. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:09cv423

JERRY ANDERSON,
Plaintiff,
vs.
CALDWELL COUNTY SHERIFF’S
OFFICE; et. al.,
Defendants.

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ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion to Strike
Defendants’ Reply and Alternative Motion to Permit Plaintiff’s Reply and
Supplemental Exhibits [Doc. 192].
The Caldwell County Defendants filed a thirty-seven page reply brief
[Doc. 191] in opposition to the Plaintiff’s Response to the Defendants’ Motion
for Summary Judgment [Doc. 185]. The Pre-Trial Order and Case
Management Plan in this matter limits reply briefs to ten pages. [Doc. 37 at 6].
Although the Court did extend the page limit for the supporting and responsive
briefs, no such extension was provided for reply briefs. As a result, the Court
will strike the reply brief as well as the exhibits thereto but will provide an

additional time within which to file a complying reply brief.
The function of a reply brief is not to reiterate arguments previously
raised. Counsel are heartily encouraged to cease filing voluminous briefs and
exhibits. If counsel are unable to self-monitor such conduct, the Court will
enter an Order which prohibits any additional filings in this case absent prior
permission from the Court.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion to Strike
Defendants’ Reply [Doc. 192] is hereby GRANTED and the Caldwell County
Defendants’ Reply Memorandum in Support of [their] Motion for Summary
Judgment [Doc. 191] is hereby STRICKEN.
IT IS FURTHER ORDERED that the Plaintiff’s Alternative Motion to
Permit Plaintiff’s Reply and Supplemental Exhibits [Doc. 192] is hereby
DENIED.
IT IS FURTHER ORDERED that on or before November 18, 2011 the
Caldwell County Defendants may, if appropriate, file a reply brief limited to ten
pages, as required by the Case Management Order. [Doc. 37].
Signed: November 14, 2011