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SERVER TECHNOLOGY, INC. v. AMERICAN POWER CONVERSION CORPORATION, 3:06-CV-00698-LRH-VPC. (2013)

Court: District Court, D. Nevada Number: infdco20130606d15 Visitors: 6
Filed: Jun. 04, 2013
Latest Update: Jun. 04, 2013
Summary: ORDER LARRY R. HICKS, District Judge. Before the court is plaintiff and counter-defendant Server Technology, Inc.'s ("STI") motion to strike or, in the alternative, for leave to file a sur-reply. Doc. #395. A court has the inherent authority to grant leave to a party to file a sur-reply when the information in that sur-reply would be germane to the evaluation of a pending matter. See Cedars-Sinai Medical Center v. Shalala, 177 F.3d 1126 , 1129 (9th Cir. 1999). Here, the court has reviewed
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ORDER

LARRY R. HICKS, District Judge.

Before the court is plaintiff and counter-defendant Server Technology, Inc.'s ("STI") motion to strike or, in the alternative, for leave to file a sur-reply. Doc. #395.

A court has the inherent authority to grant leave to a party to file a sur-reply when the information in that sur-reply would be germane to the evaluation of a pending matter. See Cedars-Sinai Medical Center v. Shalala, 177 F.3d 1126, 1129 (9th Cir. 1999).

Here, the court has reviewed the documents and pleadings on file in this matter and finds that a sur-reply would be germane to the court's evaluation of defendant's pending motion for reconsideration. Therefore, the court shall grant STI's motion and allow STI to file a short sur-reply of not more than ten (10) pages in response to defendant's reply to its motion for reconsideration.

IT IS THEREFORE ORDERED that plaintiff/counter-defendant's motion to strike or, in the alternative, for leave to file a sur-reply (Doc. #395) is GRANTED. Plaintiff/counter-defendant Server Technology, Inc. shall have ten (10) days after entry of this order to file a sur-reply of not more than ten (10) pages in response to defendant's reply to its motion for reconsideration.

IT IS FURTHER ORDERED that defendant and counter-claimant's motion to extend time (Doc. #392) is GRANTED nunc pro tunc.

IT IS FURTHER ORDERED that the parties request for a status conference (Doc. #388) is DENIED.

IT IS SO ORDERED.

Source:  Leagle

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