Opinion
No. 05-CV-306-DRH.
October 10, 2006
ORDER
Before the Court is Defendant Thouvenot, Wade Moerchen, Inc.'s ("TWM") motion to strike United States' reply to Defendant TWM's opposition to United States' motion for summary judgment. (Doc. 102.) The Court finds that the United States filed a timely reply to Defendant TWM's response to the United States' motion for summary judgment. Furthermore, the Court determines that although reply briefs are disfavored, the Court will not require parties to prove exceptional circumstances when filing such briefs. Therefore, the Court DENIES TWM's motion (Doc. 102). However, the Court assures TWM that if, in fact, the United States inappropriately raised new issues in its reply (Doc. 101) that these issues will be stricken by the Court.
The Court agrees with the United States that its reply brief was due on August 14, 2006 based on Fed.R.Civ.P. 6(a) and (e) and SDIL-LR 7.1(c).
IT IS SO ORDERED.