Opinion
Case No. 3:04-CV-88RM.
September 13, 2005
OPINION AND ORDER
On August 11, the plaintiff filed a motion to compel certain discovery. As indicated in the plaintiff's reply brief, the parties have since resolved some of the issues in the motion to compel. However, certain discovery issues surrounding "Exhibit Z" still remain. On September 12, the defendant moved the court for leave to file a sur-reply to address what it characterized as an inaccurate representation of a discussion between the parties.
Because it appears the relief requested by the plaintiffs' reply goes beyond the scope of what FED. R. CIV. P. 26(a) requires, the court DENIES the plaintiff's motion to compel [Doc. No. 111] as a new discovery request filed after the discovery deadline, and thus DENIES the defendant's motion to file a sur-reply as moot [Doc. No. 122].
SO ORDERED.