Opinion
Case No. 06-4078-KGS.
March 23, 2007
ORDER
This matter comes before the court upon defendant Farm Bureau Mutual Insurance Company's Reply to Response to Motion for Summary Judgment (Doc. 47). Upon reviewing defendant's reply, and in light of the arguments and exhibits contained therein, the court finds that additional briefing is necessary on one narrow issue — namely, the existence of a "Non-Waiver Agreement," and the arguments defendant raises in relation to this agreement as contained in paragraph "B" of its reply. Accordingly,
IT IS THEREFORE ORDERED that on or before April 3, 2007, plaintiff shall file a surreply to defendant's reply (Doc. 47). Plaintiff shall limit the contents and arguments of its surreply to the issues contained in paragraph "B" of defendant's reply — namely, the existence of a "Non-Waiver Agreement," attached as Exhibit E to defendant's reply, and the arguments defendant raises in relation to this agreement.