IN RE RESTATEMENT OF DECLARATION TRUST, 7743-VCG. (2013)
Court: Court of Chancery of Delaware
Number: indeco20130412036
Visitors: 8
Filed: Apr. 12, 2013
Latest Update: Apr. 12, 2013
Summary: SAM GLASSCOCK III, Vice Chancellor. Dear Counsel: I have received the Plaintiff's Motion for Leave to File a Sur-Reply to the Defendants' Motion to Dismiss. Upon reviewing the briefs, I have determined that the Plaintiff wishes to respond, in its proposed sur-reply, to arguments that the Defendants raised in their Opening Brief. The Plaintiff has already had an opportunity to respond to those arguments in the Plaintiff's Answering Brief. Instead of so responding, the Plaintiff filed a two-page
Summary: SAM GLASSCOCK III, Vice Chancellor. Dear Counsel: I have received the Plaintiff's Motion for Leave to File a Sur-Reply to the Defendants' Motion to Dismiss. Upon reviewing the briefs, I have determined that the Plaintiff wishes to respond, in its proposed sur-reply, to arguments that the Defendants raised in their Opening Brief. The Plaintiff has already had an opportunity to respond to those arguments in the Plaintiff's Answering Brief. Instead of so responding, the Plaintiff filed a two-page ..
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SAM GLASSCOCK III, Vice Chancellor.
Dear Counsel:
I have received the Plaintiff's Motion for Leave to File a Sur-Reply to the Defendants' Motion to Dismiss. Upon reviewing the briefs, I have determined that the Plaintiff wishes to respond, in its proposed sur-reply, to arguments that the Defendants raised in their Opening Brief. The Plaintiff has already had an opportunity to respond to those arguments in the Plaintiff's Answering Brief. Instead of so responding, the Plaintiff filed a two-page Answering Brief which neglected to address several of the Defendants' arguments for dismissal. The Plaintiff now requests leave to respond to the Defendants' arguments in a sur-reply. The purpose of a sur-reply brief is to allow a party to respond to new arguments, raised for the first time in a reply brief. There are no such new arguments here. Therefore, the Plaintiff's Motion for Leave to File a Sur-Reply is DENIED. IT IS SO ORDERED.
Source: Leagle
