September 23, 2013
FRANK N. SIGNORIELLO, JR. Plaintiff.
MOTIVA COMPANY, et al. Defendants.
MEMORANDUM AND ORDER RE: SURREPLY
MARVIN J. GARBIS, District Judge.
The Court has before it Plaintiff's Motion for Leave to File Surreply [Document 71] and the Response in Opposition filed by Defendants [Document 72]. No hearing is necessary.
Defendants did not, as stated by Plaintiff, refer to the Supreme Court decision in University of Texas Southwestern Medical Center v. Nassar , 133 S.Ct. 2517 (2013), for the first time in their Reply Brief in Support of Motion for Summary Judgment [Document 68]. Rather, the Nassar decision was relied upon in the Memorandum of Law in Support of Defendants' Motion for Summary Judgment [Document 63-1] at 2, 19, 28. Plaintiff had a full opportunity to address the Nassar decision in his Response in opposition to summary judgment. There is no justification for the filing of a Surreply.
1. Plaintiff's Motion for Leave to File Surreply [Document 71] is DENIED.
2. The proffered Surreply [Document 71-1] is not accepted and shall not be considered.