Chang et al v. Virgin Mobile USA LLC et al

Filing 64

ORDER granting 58 Plaintiffs' motion for leave to file surreply. Plaintiffs must file their surreply by 9/2/2008. Virgin Mobile may file a final reply brief no later than 9/17/2008. (Signed by Judge Sidney A Fitzwater on 8/21/08) (tln)

Chang et al v. Virgin Mobile USA LLC et al

Doc. 64

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SUSAN CHANG, as Next Friend of ALISON CHANG, a Minor, et al., Plaintiffs, VS. VIRGIN MOBILE USA, LLC, et al., Defendants. § § § § § Civil Action No. 3:07-CV-1767-D § § § § § ORDER Plaintiffs' August 14, 2008 motion for leave to file surreply is granted. Having considered plaintiffs' motion and the response of defendant Virgin Mobile Pty Ltd. ("Virgin Mobile"), the court concludes that plaintiffs should be given the opportunity to file a surreply and any supporting evidence. See Springs Indus., Inc. v. Am. Motorists Ins. Co., 137 F.R.D. 238, 239 (N.D. Tex. 1991) (Fitzwater, J.). Plaintiffs must file their surreply (and any supporting evidence) by September 2, 2008. Virgin Mobile may file a final reply brief no later than September 17, 2008. See Springs Indus., 137 F.R.D. at 239-40 ("In our jurisprudence the party who must persuade the court of the merits of the relief it seeks is almost always given the final word.") (granting movant of the underlying motion leave to file a final reply after granting nonmovant leave to file a second response). SO ORDERED. August 21, 2008 _________________________________ SIDNEY A. FITZWATER CHIEF JUDGE

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