United States District Court, W.D. North Carolina, Asheville Division
CARLETON METACLF UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on the following motions:
• Plaintiffs Motion for Leave to File Surreply to
Defendants' Reply to Plaintiffs Response to
Defendants' Motion for Summary Judgment (Doc. 69);
• Plaintiffs Motion for Leave to Change out the PDF
files of Exhibits to Plaintiffs Brief in Opposition to
Defendant's Motion for Summary Judgment (Doc. 70); and
• Plaintiffs Consent Motion to File Document Under Seal
Relevant Procedural Background
October 30, 2018, Plaintiff filed an Amended Complaint (Doc.
1, 2019, Defendants filed a Motion for Summary Judgment (Doc.
42) and Brief in Support (Doc. 43).
numerous extensions, on July 15, 2019, Plaintiff filed a
response in opposition (Doc. 58).
replied on July 22, 2019 (Doc. 64).
Discussion and Orders
Plaintiff's Motion for Leave to File Surreply (Doc.
this Motion, Plaintiff requests permission to file a 10-page
surreply as part of his opposition to Defendants' Motion
for Summary Judgment. This Motion, like this case in general,
is hotly contested; Defendants filed a response in opposition
(Doc. 72), and Plaintiff replied (Doc. 73).
Civil Rule 7.1 does not anticipate or allow the filing of
surreplies except with leave of court. LCvR 7.1(e). In
general, courts permit a party to file a surreply “only
when fairness dictates based on new arguments raised in the
previous reply.” DiPaulo v. Potter, 733
F.Supp.2d 666, 670 (M.D. N.C. 2010); see LCvR 7.1(e)