Opinion
Civil Action No. 12-cv-00801-PAB-KLM
04-18-2013
PAULA STANTON, a Colorado resident, and PATRICK STANTON, a Colorado resident, Plaintiffs, v. ENCOMPASS INDEMNITY COMPANY, a foreign corporation, Defendant.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant's Motion to Strike Plaintiffs' Reply to Defendant Encompass Indemnity Company's Opposition to Plaintiffs' Amended Motion for Leave to Amend Complaint [Docket No. 64; Filed February 6, 2013] (the "Motion"). On February 19, 2013, Plaintiffs filed a Response [#67]. On March 8, 2013, Defendant filed a Reply [#69]. In the Motion, Defendant seeks to strike Plaintiffs' Reply [#63] to Defendant's Response [#59] to Plaintiffs' Motion to Amend the Complaint [#53] because it assertedly raises new facts and new arguments.
IT IS HEREBY ORDERED that the Motion [#64] is DENIED in part and GRANTED in part. The Motion is denied to the extent Defendant seeks to strike Plaintiff's Reply [#63]. The Motion is granted to the extent Defendant seeks leave to file a Surreply. Accordingly,
IT IS FURTHER ORDERED that Defendant may file a Surreply of no more than five pages to Plaintiff's Reply [#63] on or before May 2, 2013.