Opinion
12-CV-6367
12-28-2012
DAVID ENNOCENTI AND JON STEWART, on behalf of themselves and all other employees similarly situated, Plaintiffs, v. UNISYS TECHNICAL SERVICES, LLC, AND THE UNISYS CORPORATION Defendants
ORDER
The Court has received Plaintiffs' request to file a sur reply in response to affidavits and evidence filed for the first time in Defendants' reply papers in further support of their second motion to dismiss for failure to state a claim. The Court finds that it is unnecessary to grant Plaintiffs' request to file a sur reply. Plaintiffs have adequately responded to Defendants' arguments in their opposition papers and the Court will disregard any material upon which the Defendants rely in their reply briefs which is either inappropriate on a motion to dismiss or which should have been but was not first presented in their motion papers. Accordingly, Plaintiffs' request is denied.
ALL OF THE ABOVE IS SO ORDERED.
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HON. MICHAEL A. TELESCA
United States District Judge
Dated: Rochester, New York
December 28, 2012