Neiufi et al v. Snow Garden Apartments et al

Filing 57

ORDER re 55 Objections filed by Lee Crosby, Tre James, Siosaia Naeta, Amoni Neiufi. Signed by Judge Robert J. Shelby on 10/25/2013. (tls)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

AMONI NEIUFI, SIOSAIA NAEATA, TRÉ
JAMES, and LEE CROSBY,
Plaintiffs,

ORDER

vs.

SNOW GARDEN APARTMENTS and
ANTHONY WILLIAM DAVIS,

Case No. 2:12-cv-774

Defendants.

The Plaintiffs in the above-captioned matter object to the Reply Brief (Dkt. 50) that the
Defendants filed in support of their Motion for Summary Judgment (Dkt. 40). The Plaintiffs
allege that the Defendants included new evidence in their Reply in the form of a Declaration
from Ashley Jensen, the manager of Snow Garden Apartments. The Defendants respond that
Ms. Jensen’s Declaration is appropriate under DUCivR 56-1(d), which authorizes a moving party
to cite to additional evidence in their reply “to rebut a claim that a material fact is in dispute.”
The court has carefully considered the materials submitted by the parties and
OVERRULES the Plaintiffs’ Objection (Dkt. 55). The court will not strike any part of the
Defendants’ Reply. But the court grants the Plaintiffs leave to file a surreply brief of not more
than five pages if they wish to respond to any facts asserted in Ms. Jensen’s Declaration. The
Plaintiffs must file their surreply within ten days from the date of this Order.

SO ORDERED this 25th day of October, 2013.
BY THE COURT:

______________________________
ROBERT J. SHELBY
United States District Judge

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