Filed: Mar. 30, 2012
Latest Update: Mar. 30, 2012
Summary: ORDER SAUNDRA BROWN ARMSTRONG, District Judge. Following the conclusion of the court trial in this action, the Court directed the parties to submit post-trial briefs, consisting of opening and responsive briefs to be filed by each side. Dkt. 582. Due to infirmities in Plaintiffs' briefing, the Court subsequently ordered supplemental post-trial briefs. Dkt. 626. Plaintiffs and Defendants each filed supplemental trial briefs in accordance with the Court's Order. Dkt. 632, 636. Plaintiffs have n
Summary: ORDER SAUNDRA BROWN ARMSTRONG, District Judge. Following the conclusion of the court trial in this action, the Court directed the parties to submit post-trial briefs, consisting of opening and responsive briefs to be filed by each side. Dkt. 582. Due to infirmities in Plaintiffs' briefing, the Court subsequently ordered supplemental post-trial briefs. Dkt. 626. Plaintiffs and Defendants each filed supplemental trial briefs in accordance with the Court's Order. Dkt. 632, 636. Plaintiffs have no..
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ORDER
SAUNDRA BROWN ARMSTRONG, District Judge.
Following the conclusion of the court trial in this action, the Court directed the parties to submit post-trial briefs, consisting of opening and responsive briefs to be filed by each side. Dkt. 582. Due to infirmities in Plaintiffs' briefing, the Court subsequently ordered supplemental post-trial briefs. Dkt. 626. Plaintiffs and Defendants each filed supplemental trial briefs in accordance with the Court's Order. Dkt. 632, 636.
Plaintiffs have now filed an administrative motion for leave to file a reply in response to Defendants' supplemental trial brief, purportedly to address "new" arguments raised therein. Dkt. 639. Plaintiffs' motion is denied. In the event the Court requires further briefing in response to arguments presented in Defendants' supplemental brief, the Court will issue an order to that effect.
Plaintiffs also have filed an administrative motion for leave to file a motion to strike Defendants' reply brief in support of their request for judicial notice. Dkt. 605. Plaintiffs' motion is denied. To the extent that Defendants' reply brief raises new arguments, the Court will either disregard such arguments or direct Plaintiffs to file a response. At this juncture, however, the additional proposed motion practice is unnecessary.
Finally, the Court notes that prior to the close of trial, Defendants filed a motion for judgment on partial findings or, in the alternative, for decertification of the plaintiff class. Dkt. 570. The Court will consider the arguments presented in Defendants' motion and Plaintiffs' response thereto in the context of its forthcoming findings of fact and conclusions of law. Therefore, Docket 446 will be terminated. Accordingly,
IT IS HEREBY ORDERED THAT Plaintiffs' administrative motions for leave to file a reply in response to Defendants' supplemental trial brief and for leave to file a motion to strike Defendants' reply brief in support of their request for judicial notice are DENIED. This Order terminates Docket 570, 605 and 639.
IT IS SO ORDERED.
