Hernandez v. Baylor University Board of Regents et al
ORDER GRANTING 75 Motion for Leave to File Sur-Reply. Signed by Judge Robert Pitman. (tb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
BAYLOR UNIVERSITY, et al.,
Before the Court in the above-entitled action is Plaintiff’s Motion for Leave to File SurReply, (Dkt. 75), and the responsive pleadings thereto. By way of that Motion, Plaintiff seeks leave
to file a sur-reply to the three pending Motions to Dismiss in the instant case. (See Dkts. 32, 56, 61,
and 67). Defendants object, arguing that the Court should deny Plaintiff’s motion because the
proposed sur-reply “recites factual allegations” from other cases that have “no bearing on the
specific arguments in [Defendants’] motion[s] to dismiss” and “asks for permission to file extrinsic
evidence.” (Baylor Resp., Dkt. 77, at 1–2; McCaw Resp., Dkt. 79, at 6).
Once a motion is filed, the Local Civil Rules permit a response by the nonmovant and a
reply by the movant. W.D. Tex. Local Rule CV-7(e)–(f). Absent leave of court, no further
submissions on the motion are allowed. W.D. Tex. Local Rule CV-7(f). However, a Court has the
discretion to grant leave to file a sur-reply when it finds that the party seeking leave to file has
provided adequate justification. See, e.g., Duarte v. St. Paul Fire and Marine Ins. Co., No. EP-l4-CV-305KC, 2015 WL 12910213, at *1 (W.D. Tex. Aug. 28, 2015); Salomon v. Wells Fargo Bank, N.A., EP–
10–CV–106–KC, 2010 WL 2545593, at *2 (W.D. Tex. June 21, 2010).
After reviewing Plaintiff’s Motion for Leave to File, Defendants’ responses in objection, and
Plaintiff’s proposed sur-reply, the Court finds that Plaintiff has provided an adequate justification for
granting her Motion and that doing so will cause Defendants no prejudice. The Court can determine
when a sur-reply raises irrelevant information or, as alleged by at least one Defendant in the instant
case, seeks to introduce extrinsic evidence in violation of the standard governing review of motions
to dismiss; the Court will disregard any portions of Plaintiff’s sur-reply that do so.
Accordingly, Plaintiff’s Motion for Leave to File Sur-Reply, (Dkt. 75), is hereby
SIGNED on March 6, 2017.
UNITED STATES DISTRICT JUDGE
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