Symetra Life Insurance Company et al v. Rapid Settlements LTD

Filing 343

ORDER entered GRANTING IN PART and DENYING IN PART 342 MOTION for Leave to File response more than fifteen pages MOTION for Extension of Time filing response to Symetra's entirely new motion for summary judgment as to attorneys' fees MOTI ON for Leave to File Excess Pages. The defendants motion for an extension of time and for leave to file a 25-page brief, (Docket Entry No. 342), is granted in part and denied in part. For the reasons previously stated, the defendants brief is limite d to 15 pages. The defendant may file its brief and supplemental exhibits by 3:00 p.m. on Sunday, August 19, to CM/ECF. A hard copy of the brief and supplemental exhibits should be delivered to the court by 10:00 a.m. on Monday, August 20. The motion hearing will continue as scheduled for 5:00 p.m. on August 20.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SYMETRA LIFE INSURANCE COMPANY, §
et al.,
§
§
Plaintiffs,
§
§
NATIONAL ASSOCIATION OF
§
SETTLEMENT PURCHASERS,
§
§
Intervenor,
§
§
VS.
§
§
RAPID SETTLEMENTS, LTD.,
§
§
Defendant.
§

CIVIL ACTION NO. H-05-3167

ORDER
At the June 6, 2012 hearing, this court identified defects in the plaintiff’s motion for
summary judgment on damages and for fees. (See Docket Entry No. 340, at 4–7). This court
therefore set a schedule for the plaintiff to file a 25-page reply brief and supplemental exhibits,
addressing those defects, and for the defendant to file a 15-page surreply brief and supplemental
exhibits, (see id., at 43–46). The court set July 27, 2012 as the plaintiff’s submission deadline, and
August 17 as the defendant’s submission deadline. The court also set a motion hearing for August
20 at 5:00 p.m. (Docket Entry No. 328).
On 4:14 p.m. on August 17, the defendant filed this motion to extend the surreply deadline
to August 27 and to extend the 15-page limit to 25 pages. At the June 6 hearing, the court set the
schedule with input from the parties, and explained why the defendant was limited to filing a 15page surreply brief. (See Docket Entry No. 340, at 43–46). Moreover, what the plaintiff has titled

its “amended motion for summary judgment” is not a brand-new motion for summary judgment but
rather a motion that addresses the defects identified by the court at the hearing. There is nothing
improper about the filing. And the defendant was given, and still has, the opportunity to respond
accordingly and submit any supplemental exhibits.
The defendant’s motion for an extension of time and for leave to file a 25-page brief, (Docket
Entry No. 342), is granted in part and denied in part. For the reasons previously stated, the
defendant’s brief is limited to 15 pages. The defendant may file its brief and supplemental exhibits
by 3:00 p.m. on Sunday, August 19, to CM/ECF. A hard copy of the brief and supplemental exhibits
should be delivered to the court by 10:00 a.m. on Monday, August 20. The motion hearing will
continue as scheduled for 5:00 p.m. on August 20.
SIGNED on August 17, 2012, at Houston, Texas.

______________________________________
Lee H. Rosenthal
United States District Judge

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