Opinion
Civil Action No. 11-cv-02680-RBJ-KLM
02-15-2012
JOHN DOE, Plaintiff, v. MERCK & CO., INC., and MERCK SHARP & DOHME CORP., Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Motion for Leave to File Surreply [Docket No. 21; Filed on February 13, 2012] (the "Motion"). On February 3, 2012, Defendants filed a Motion to Submit Supplemental Authority [#17] in connection with Plaintiff's pending Motion to Proceed Anonymously [#2]. Defendants did not submit any new evidence or additional legal argument in their motion; they simply submitted a copy of one additional state-law opinion from New Jersey. See Ex. A [#17-1]. The Court granted the Motion to Submit Supplemental Authority on February 9, 2012. See Minute Order [#19].
As Plaintiff himself cites, "Generally, the nonmoving party should be given an opportunity to respond to new material raised for the first time in the movant's reply." Motion [#21] at 2 (quoting Green v. New Mexico, 420 F.3d 1189, 1196-97 (10th Cir. 2005)). However, "material" includes new evidence and new legal arguments. See id. (citing Doebele v. Sprint/United Mgmt. Co., 342 F.3d 1117, 1139 n.13 (10th Cir, 2003)). Because Defendants have only submitted supplemental authority without providing new evidence or raising new legal arguments,
IT IS HEREBY ORDERED that the Motion is DENIED.