See Fed. R. Civ. P. 7(a) (enumerating permitted "pleadings"). Lemmons v. Evcon Indus., Inc., No. 09-1232-JTM, 2011 WL 2790195, at *8 (D. Kan. July 14, 2011) (citing Fisherman Surgical Instruments, L.L.C. v. Tri-Anim Health Servs., No. 06-2082-KHV, 2007 WL 2100119, at *1 (D. Kan. July 20, 2007)). Nevertheless, Defendant is correct that a sur-reply is not authorized.
See Fed. R. Civ. P. 7(a) (enumerating permitted "pleadings"). Lemmons v. Evcon Indus., Inc., No. 09-1232-JTM, 2011 WL 2790195, at *8 (D. Kan. July 14, 2011) (citing Fisherman Surgical Instruments, L.L.C. v. Tri-Anim Health Servs., No. 06-2082-KHV, 2007 WL 2100119, at *1 (D. Kan. July 20, 2007)). Pursuant to Rule 12(c), "[a]fter the pleadings are closed-but early enough not to delay trial-a party may move for judgment on the pleadings."
See Fed. R. Civ. P. 7(a) (enumerating permitted "pleadings"). Lemmons v. Evcon Indus., Inc., No. 09-1232-JTM, 2011 WL 2790195, at *8 (D. Kan. July 14, 2011) (citing Fisherman Surgical Instruments, L.L.C. v. Tri-Anim Health Servs., No. 06-2082-KHV, 2007 WL 2100119, at *1 (D. Kan. July 20, 2007)). However, when a court exercises its discretion to convert a motion to dismiss into one for summary judgment—as it almost certainly will need to do here with respect to Plaintiff's Title VII and KAAD claims against Sharkey—it "must provide the parties with notice so that all factual allegations may be met with countervailing evidence."
The Federal Rules of Civil Procedure do not provide for motions to strike motions, memoranda, responses, or replies. See Fisherman Surgical Instruments, L.L.C. v. Tri-Anim Health Servs., No. 06-2082, 2007 WL 2100119, at *1 (D. Kan. July 20, 2007) (citing Searcy v. Soc. Sec. Admin., 1992 WL 43490 at *2 (10th Cir. 1992); Commodity Futures Trading Comm'n v. Purser, No. 00-CV-622-TS, 2006 WL 288420, at *1 (D. Utah 2006); Trujillo v. Bd. of Educ. of Albuquerque Pub. Schs., 230 F.R.D. 657, 660 (D.N.M. 2005)). Thus, plaintiff's motion is denied.