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FOSER v. TJX COMPANIES, INC., 2:11-cv-01359-JCM-GWF. (2012)

Court: District Court, D. Nevada Number: infdco20120521842 Visitors: 3
Filed: May 18, 2012
Latest Update: May 18, 2012
Summary: ORDER GEORGE FOLEY, Jr., Magistrate Judge. Motion for Leave to File Surreply (#60) This matter comes before the court on Defendant's Motion for Leave to File a Surreply (#60), filed on May 4, 2012; Response to Motion for Leave (#62), filed on May 10, 2012; and Defendant's Reply (#63), filed on May 17, 2012. Defendant requests the Court allow it to file a surreply in opposition to Plaintiff's Motion for Conditional Certification (#8). Defendant argues that Plaintiff introduced new facts and a
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ORDER

GEORGE FOLEY, Jr., Magistrate Judge.

Motion for Leave to File Surreply (#60)

This matter comes before the court on Defendant's Motion for Leave to File a Surreply (#60), filed on May 4, 2012; Response to Motion for Leave (#62), filed on May 10, 2012; and Defendant's Reply (#63), filed on May 17, 2012. Defendant requests the Court allow it to file a surreply in opposition to Plaintiff's Motion for Conditional Certification (#8). Defendant argues that Plaintiff introduced new facts and arguments in their Reply (#58), which are inaccurate portrayals of the record and/or misstatements of the applicable law.

The parties have submitted lengthy briefs in support of and in opposition to Plaintiff's Motion for Conditional Certification (#8). At this time, the Court finds that additional briefing is not necessary or warranted. This finding however does not preclude Defendant from addressing any of their concerns with Plaintiff's Reply (#58) at the time set for hearing on this matter. After the hearing, if the Court finds that further briefing is necessary, the Court will order the parties to submit such briefing. Accordingly,

IT IS HEREBY ORDERED that Defendant's Motion for Leave to File a Surreply (#60) is denied.

IT IS FURTHER ORDERED that a hearing on Plaintiff's Motion for Conditional Certification (#8) is scheduled for Thursday, June 7, 2012 at 9:30 AM in Las Vegas Courtroom 3A.

Source:  Leagle

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