Opinion
Case 08-1274-JTM-KMH.
July 30, 2009
MEMORANDUM AND ORDER
Presently before the court is plaintiff Equal Employment Opportunity Commission (EEOC) and Plaintiff-Interveners (Interveners) joint motion to strike defendant Akal Security, Inc.'s (Akal) reply brief in support of its motion to join the United States Secretary of Defense pursuant to Rule 19 of the Federal Rules of Civil Procedure (Dkt. 30), or alternatively, for leave to file a surreply (Dkt. 35). For the following reasons, this court denies the motion.
The EEOC and Interveners move to strike Akal's reply brief because it allegedly contains new factual allegations and arguments not raised in Akal's original motion and supporting memorandum. The court did not materially rely upon Akal's reply brief in determining its motion to join the United States Secretary of Defense, and thus, the court denies the EEOC and Intervener's motion as moot.
IT IS ACCORDINGLY ORDERED.