Opinion
Case No. 2:15-cv-0034-JAD-NJK
10-13-2015
JUAN ENRIQUEZ, Plaintiff(s), v. RICKY DCOSTA, et al., Defendant(s).
ORDER (Docket No. 44)
Presently before the Court is Plaintiff Juan Enriquez's motion to adjudicate an attorney lien. Docket No. 40. Plaintiff Enriquez's prior counsel, Morrison Anderson, filed a response, and Plaintiff Enriquez replied. Docket Nos. 43, 42. Morrison Anderson then filed a motion seeking leave to file a sur-reply. Docket No. 44. For reasons discussed below, Morrison Anderson's motion to file a sur-reply is hereby GRANTED.
"A party is generally prohibited from raising new issues for the first time in its reply brief" as the opposing party is not afforded an opportunity to respond. Queensridge Towers LLC v. Allianz Global Risk US Ins. Co., 2015 WL 1403479 at *3 (D. Nev. Mar. 26, 2015) (citing Eberle v. City of Anahiem, 901 F.2d 814, 818 (9th Cir. 1990)). Therefore,"[w]here the moving party presents new matters for the first time in a reply brief, the Court may either refuse to consider the new matters or allow the opposing party an opportunity to respond." Steven Cohen Prods. Ltd. v. Lucky Star, Inc., 2015 WL 3555384 at *3 (D. Nev. June 5, 2015) (citing Zamani v. Carnes, 491 F.3d 990, 997 (9th Cir. 2007)). A court may grant a party leave to file a sur-reply in order to afford her that opportunity. Id. However, such a sur-reply may "only address new matters raised in a reply to which a party would otherwise be unable to respond." Steven Cohen Prods. Ltd., 2015 WL 3555384 at *3.
Here, Plaintiff Enriquez presented two new matters in his reply brief. First, Plaintiff Enriquez picked apart Morrison Anderson's time sheets. Docket No. 43 at 2-6. Second, he denied that Morrison Anderson relinquished his complete client file. Id., at 7-8. This deprived Morrison Anderson of the opportunity of addressing those arguments. Rather than refusing to consider Plaintiff Enriquez's new arguments, the Court finds that Morrison Anderson should be afforded a chance to respond to them.
IV. CONCLUSION
Accordingly, the Court hereby GRANTS Morrison Anderson leave to file a sur-reply to address only the new matters raised in Plaintiff's reply, no later than October 19, 2015.
IT IS SO ORDERED.
DATED: October 13, 2015
/s/_________
NANCY J. KOPPE
United States Magistrate Judge