Opinion
20-cv-02137-JLS-NLS
12-21-2021
ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR LEAVE TO FILE SURREPLY
[ECF NO. 39]
Janis L. Sammartino, United States District Judge
Presently before the Court is Plaintiff's Ex Parte Motion for Leave to File Surreply to Defendant's Reply Re: Defendant's Motion for Summary Judgment (“Ex Parte Motion”) (ECF No. 39). In its Ex Parte Motion, Plaintiff represents that “Defendant's Reply is replete with misrepresentations of Plaintiff's arguments, including direct citations to Plaintiff's Opposition that do not support Defendant's arguments.” (Id. at 2.) Through a surreply, Plaintiff seeks to “highlight some of the more egregious examples of Defendant's improper citations” and to “offer a brief general response to Defendant's [evidentiary] Objections.” (Id.)
This District's Civil Local Rules do not provide for the filing of surreplies, and although Plaintiff is correct that the Court has the inherent authority to control its docket, surreplies are generally disfavored, inappropriate, and unnecessary. Nevertheless, Defendant has not opposed Plaintiffs request, and the Court will err on the side of caution. Accordingly, the Court hereby GRANTS Plaintiff s Ex Parte Motion (ECF No. 39). Plaintiff shall file its Surreply attached as Exhibit 1 to its Ex Parte Motion (ECF No. 39 at 6-12) upon the electronic docketing of this Order.
IT IS SO ORDERED.