Owens v. FirstEnergy Corp. et al

Filing 381

ORDER denying 379 MOTION to Strike 377 Reply to Response to Motion, 380 MOTION for Leave to File Instanter Reply in Support of Objection to the Magistrate Judge's Aggregation Order and Request to Stay Nunc Pro Tunc; granting 380 Motion for Leave to File. Signed by Chief Judge Algenon L. Marbley on 11/21/2022. (cw)

Download PDF
Case: 2:20-cv-03785-ALM-KAJ Doc #: 381 Filed: 11/21/22 Page: 1 of 2 PAGEID #: 9023 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION In re FIRSTENERGY CORP SECURITIES LITIGATION This document relates to: ALL ACTIONS. : : : : : : : : : : Case No. 2:20-cv-3785 Chief Judge Algenon L. Marbley Magistrate Judge Kimberly A. Jolson ORDER This matter is before the Court on Class Plaintiffs’ Motion for Leave to File Instanter Reply in Support of Objection to the Magistrate Judge’s Aggregation Order and Request to Stay Nunc Pro Tunc (ECF No. 380). The Magistrate Judge’s October 18, 2022 Order (ECF No. 355) resolves a dispute between the parties regarding coordination of fact depositions between the instant case and the Direct Action cases. Class Plaintiffs’ Objection (ECF No. 360) to the October 18, 2022 Order was met with responses in opposition from Defendants (ECF No. 374) and Direct-Action Plaintiffs (ECF No. 375-1). Class Plaintiffs then, without first seeking leave of court, filed their reply to the opposition memoranda. (ECF No. 377). But as Defendants correctly noted in their Motion to Strike Class Plaintiffs’ Reply Memorandum (ECF No. 379), Class Plaintiffs were required to seek leave from this Court to file their reply brief. See Eastern Division Order 22-01 (Feb. 1, 2022). Class Plaintiffs do not dispute that they failed to do so. This Court, however, credits Class Plaintiffs’ acknowledgment of their procedural error (ECF No. 380 at 1) and their attempt to rectify the same via their Motion for Leave. Case: 2:20-cv-03785-ALM-KAJ Doc #: 381 Filed: 11/21/22 Page: 2 of 2 PAGEID #: 9024 Class Action Plaintiffs’ Motion (ECF No. 380) is thus GRANTED, and Defendants’ Motion to Strike Plaintiffs’ Reply Memorandum (ECF No. 379) is DENIED. This Court will consider Class Action Plaintiffs’ earlier-filed reply brief (ECF No. 377). IT IS SO ORDERED. ___ _________ _______________ __ ____ _ ___________ _ __________ _____________________________________ ALGENON A GENO AL ON L. L MARBL MARBLEY LEY EY CHIEF UN UNITED JUDGE NITED STATES DISTRICT JUD Dated: November 21, 2022 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?