Oxbo International Corporation v. H&S Manufacturing Company, Inc.
Filing 225
ORDER. The court has reviewed plaintiff's opposition to defendant's motion for leave to file a sur-reply. Dkt. 224 . The court will allow defendant a sur-reply. Defendant made a substantial late document production, and to alleviate the pr ejudice to plaintiff, the court allowed plaintiff to supplement its expert reports and summary judgment submissions. See Dkt. 181. The court expected that defendant would ask for the opportunity to respond. Id. By allowing the sur-reply, the court is not rewarding defendant for its late production. But the court wants full briefing on the merits of the issues to which the late-produced documents might be relevant. That said, the court has no intention of allowing defendant to capitalize on the s ituation by making new arguments in its sur-reply. At this point, the court sees no need for the in-person hearing that the court had provisionally scheduled for Friday, November 4, 2016. But the parties may have until 5:00 p.m. today to ask the court to keep the hearing on the calendar. Any such request should explain to the court why the hearing is needed. The court will let the parties know if the hearing is on by noon tomorrow. Signed by District Judge James D. Peterson on 11/2/2016. (voc)
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