Opinion
Case No. 10-cv-00436 NC
11-22-2011
GARY ARDEN, Plaintiff, v. FRANK KASTELL, et al., Defendants.
ORDER DENYING REQUEST
TO PRESENT SUR-REBUTTAL
Re: Docket Nos. 78, 79
The Court has considered Plaintiff's request for leave to present sur-rebuttal evidence to certain evidence included in Defendant Frank Kastell's reply in support of Defendant's motion for summary judgment. Dkt. No. 78. Plaintiff asserts that submission of the expert report of Scott Seaman was, in fact, reply evidence calculated to "surprise plaintiff and deprive him of the opportunity to rebut it." Id. Defendant Kastell claims that the Seaman Report was properly submitted in reply to the report of Plaintiff's Expert, Joseph Solga., Esq. Dkt. No. 79.
The Court will consider Plaintiff's objections to evidence filed under Civil L.R. 7-3(d). Plaintiff's request to file additional sur-rebuttal evidence, however, is DENIED.
IT IS SO ORDERED.
NATHANAEL M. COUSINS
United States Magistrate Judge