Towe et al v. State Farm Fire and Casualty Company et al

Filing 45

ORDER denying 28 MOTION to Strike 26 Surreply or Alternatively MOTION for Leave . Signed by Judge Charles Goodwin on 03/27/2024. (jb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA NATHAN TOWE et al. ) ) Plaintiffs, ) ) v. ) ) STATE FARM FIRE AND CASUALTY ) COMPANY et al., ) ) Defendants. ) Case No. CIV-22-884-G ORDER On December 21, 2022, the Court granted Defendant State Farm Fire and Casualty Company’s request for leave to file a surreply in connection with Plaintiffs’ motion to remand. See Order of Dec. 21, 2022 (Doc. No. 23). Defendant then timely filed its Surreply, see Doc. No. 26. Plaintiffs now move the Court to either strike the Surreply or permit Plaintiffs to file a response to that Surreply, primarily arguing that Defendant was not faced with any new allegations that warranted a surreply. See Pls.’ Mot. to Strike (Doc. No. 28) at 2-4. As conceded by Plaintiffs, however, the Court already considered and rejected Plaintiffs’ arguments to this effect in expressly authorizing the filing of a surreply. See id. at 2 n.3. Further, [t]he Court rejects [Plaintiffs’] contention that the arguments presented in [Defendant’s] brief exceed the scope of that authorization, and in any event, [Plaintiffs] effectively respond[] to [Defendant’s] brief by including substantive arguments in support of [their] Motion. The Court will consider [Plaintiffs’] additional arguments in deciding the underlying motion. No further briefing is warranted. United States v. Keough, No. CR-17-290-D, 2020 WL 1549730, at *1 (W.D. Okla. Apr. 1, 2020). Plaintiffs’ Motion to Strike (Doc. No. 28) is DENIED. IT IS SO ORDERED this 27th day of March, 2024. 2

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