Trail King Industries, Inc. v. United States

D. South Dakota

Trail King Industries, Inc. v. United States

DecidedApril 7, 2025

Docket4:24-cv-04164

StatusUnknown

This text of Trail King Industries, Inc. v. United States (Trail King Industries, Inc. v. United States) is published on Counsel Stack Legal Research, covering District Court, D. South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Trail King Industries, Inc. v. United States, (D.S.D. 2025).

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Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

TRAIL KING INDUSTRIES, INC., 4:24-CV-04164-RAL Plaintiff, ORDER GRANTING MOTION FOR vs. LEAVE TO FILE SURREPLY UNITED STATES OF AMERICA, Defendant.

Plaintiff Trail King Industries, Inc. moves for leave to file a surreply in opposition to Defendant’s Motion to Dismiss. Doc. 23. The District of South Dakota local rules do not contemplate a motion for surreply, so a party must obtain leave of the Court for such filings. See D.S.D. Civ. LR 7.1. Generally, a motion for leave to file a surreply is only granted “to address arguments or evidence raised for the first time in a reply.” Smith v. United States, No. CV 7:20- 094-DCR, 2021 WL 667115, at *2 (E.D. Ky. Feb. 19,2021). Defendant’s Reply, Doc. 22, contains a new argument for dismissal, namely that this Court lacks jurisdiction over certain claims, Id. at 12-17. Such argument was not raised in Plaintiff's Motion to Dismiss, Doc. 17, or supporting memorandum, Doc. 18. Thus, Plaintiff has not addressed the issue throughout any of its filings. For good cause, it is hereby ORDERED that Defendant’s Motion for Leave to File Surreply in Opposition to Defendant’s Motion to Dismiss, Doc. 23, is granted.

DATED this 7th day of April, 2025. BY THE COURT:

ROBERTO A. LANGE CHIEF JUDGE

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

TRAIL KING INDUSTRIES, INC., 4:24-CV-04164-RAL Plaintiff, ORDER GRANTING MOTION FOR vs. LEAVE TO FILE SURREPLY UNITED STATES OF AMERICA, Defendant.

Plaintiff Trail King Industries, Inc. moves for leave to file a surreply in opposition to Defendant’s Motion to Dismiss. Doc. 23. The District of South Dakota local rules do not contemplate a motion for surreply, so a party must obtain leave of the Court for such filings. See D.S.D. Civ. LR 7.1. Generally, a motion for leave to file a surreply is only granted “to address arguments or evidence raised for the first time in a reply.” Smith v. United States, No. CV 7:20- 094-DCR, 2021 WL 667115, at *2 (E.D. Ky. Feb. 19,2021). Defendant’s Reply, Doc. 22, contains a new argument for dismissal, namely that this Court lacks jurisdiction over certain claims, Id. at 12-17. Such argument was not raised in Plaintiff's Motion to Dismiss, Doc. 17, or supporting memorandum, Doc. 18. Thus, Plaintiff has not addressed the issue throughout any of its filings. For good cause, it is hereby ORDERED that Defendant’s Motion for Leave to File Surreply in Opposition to Defendant’s Motion to Dismiss, Doc. 23, is granted.

DATED this 7th day of April, 2025. BY THE COURT:

ROBERTO A. LANGE CHIEF JUDGE

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Trail King Industries, Inc. v. United States, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trail-king-industries-inc-v-united-states-sdd-2025.