Israel v. University of Utah et al
MEMORANDUM DECISION and Order granting 75 Motion for Extension of Time to File Sur-Reply - due by 6/25/2018. Signed by Judge Ted Stewart on 6/19/18. (jlw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
MEMORANDUM DECISION AND
ORDER GRANTING PLAINTIFF’S
MOTION TO FILE SURREPLY
UNIVERSITY OF UTAH, DONALD
STEVEN STRASSBERG, JORDAN
ELIZABETH RULLO, JULIA
MACKARONIS, KELLY KINNISH, and
Case No. 2:15-CV-741 TS PMW
District Judge Ted Stewart
This matter is before the Court on Plaintiff’s Motion to File Sur-Reply and Extension of
Time to File Sur-Reply. “The court may permit the filing of a surreply at its discretion.” 1 “In
general, a court will grant the nonmoving party an opportunity to file a surreply brief if it has not
had the opportunity to respond to new evidence or new legal arguments presented by the moving
party in a reply memorandum.” 2
Plaintiff’s Reply (Docket No. 79) identifies a list of facts and arguments contained in
Defendants’ Reply (Docket No. 74) to which Plaintiff wishes to respond. “A pro se litigant’s
pleadings are to be construed liberally and held to a less stringent standard than formal pleadings
drafted by lawyers.” 3 “[T]his rule means that if the court can reasonably read the pleadings to
state a valid claim on which the plaintiff could prevail, it should do so . . . .” 4
Tucker v. United States, No. 2:12-CV-409 DAK, 2013 WL 3776272, at *2 (D. Utah July
17, 2013) (citing Baptist Mem’l Hosp. v. Sebelius, 765 F. Supp. 2d 20, 31 (D. D.C. 2011)).
Id. (citing Green v. New Mexico, 420 F.3d 1189, 1196 (10th Cir. 2005)).
Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991).
Upon consideration of Plaintiff’s arguments and the liberal pleading standard afforded to
pro se litigants, the Court will exercise its discretion in allowing Plaintiff to file a surreply.
It is therefore
ORDERED that Plaintiff’s Motion to File Sur-Reply and for Extension of Time to File
Sur-Reply (Docket No. 75) is GRANTED. Plaintiff must file a surreply by June 25, 2018.
DATED this 19th day of June, 2018.
BY THE COURT:
United States District Judge
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