ROBERT C. CHAMBERS, District Judge.
This matter is before the Court sua sponte. On September 3, 2019, Defendant DISH Network, LLC ("DISH") filed a Motion for Summary Judgment. ECF No. 35. On September 17, 2019, Plaintiffs Brenda Davis ("Mrs. Davis") and Clarence Davis ("Mr. Davis") filed a Response in Opposition. ECF No. 36. In their Response, Plaintiffs alleged that Mrs. Davis "received multiple calls from the number 877-839-0927 in April and May of 2018," and that when she "answered these calls, a [DISH] representative was on the line." Id. at 3. In its Reply, Defendant DISH submitted an affidavit from Joey L. Montano, its Business Operations Manager, declaring that "DISH does not own the '0927 number" and that "[i]f Plaintiff received a telephone call bearing the CIN 877-839-0927, DISH did not make the call." Reply Ex. N, ECF No. 37-2, at 2. Defendant did not address ownership of the number in its original motion.
Rule 7.1(a)(7) of this district's Local Rules of Civil Procedure permits the Court to grant leave for a party to file surreply memoranda. As a general matter, such leave may be appropriate where a party is "unable to contest matters presented to the court for the first time in [an] opposing party's reply." Khory v. Meserve, 268 F.Supp.2d 600, 605 (D. Md. 2003). These matters include new evidence. See, e.g., United States v. Purdue Pharma L.P., No. 5:10-cv-01423, 2012 WL 12930668, at *1 (S.D.W. Va. May 7, 2012). Here, Mr. Montano's affidavit represents new evidence that Plaintiffs have not been afforded the opportunity to contest.
The Court therefore
The Court