Harriram v. Fera

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC =: PRIYA HARRIRAM, | DATE FILED: 12/21/2022 | Plaintiff, 22-CV-3356 (RA) (BCM) -against- JOSEPH LUIS FERA, et al., ORDER Defendants.

BARBARA MOSES, United States Magistrate Judge. The Court has received and reviewed plaintiff's second Opposition to Defendant's Motion to Dismiss (Dkt. 30), which the Court construes as a proposed sur-reply and a request to file the same. Normally, courts grant leave to file sur-replies only "when they address arguments raised for the first time in a reply brief." Sec. & Exch. Comm'n v. Ripple Labs, Inc., 2022 WL 329211, at *3 (S.D.N.Y. Feb. 3, 2022). If, on the other hand, the moving party's reply brief merely "responded to matters that were raised for the first time in plaintiffs’ response papers," no sur- reply will be permitted. DT v. Somers Cent. Sch. Dist., 2009 WL 10706891, at *2 (S.D.N.Y. Feb. 11, 2009). Plaintiff's proposed sur-reply does not identify or address any argument "raised for the first time” in defendants’ reply brief. Nonetheless, the Court will permit it to remain on the docket. No further submissions will be accepted in support of or in opposition to the pending motion to dismiss the complaint (Dkt. 24). Dated: New York, New York SO ORDERED. December 21, 2022 eal BARBARA MOSES United States Magistrate Judge