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Turner v. Griffin

United States District Court, W.D. North Carolina, Asheville Division

August 9, 2019

GEOFFREY TURNER, Plaintiff,
v.
LOWELL S. GRIFFIN, in his official capacity as Sheriff of Henderson County, and OHIO CASUALTY INSURANCE COMPANY, in its capacity as Surety on the Official Bond of the Sheriff of Henderson County, Defendants.

          ORDER

          W. CARLETON METACLF UNITED STATES MAGISTRATE JUDGE.

         This 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 (Doc. 71).

         I. Relevant Procedural Background

         On October 30, 2018, Plaintiff filed an Amended Complaint (Doc. 10).

         On May 1, 2019, Defendants filed a Motion for Summary Judgment (Doc. 42) and Brief in Support (Doc. 43).

         Following numerous extensions, on July 15, 2019, Plaintiff filed a response in opposition (Doc. 58).

         Defendants replied on July 22, 2019 (Doc. 64).

         II. Discussion and Orders

         A. Plaintiff's Motion for Leave to File Surreply (Doc. 69)

         Through 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).

         Local 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) ...


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