Peters v. Aetna Inc. et al

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00109-MR
SANDRA M. PETERS, on behalf of )
herself and all others similarly )
situated, )
)
Plaintiff, )
)
vs. ) O R D E R
)
AETNA INC., AETNA LIFE )
INSURANCE COMPANY, and )
OPTUMHEALTH CARE SOLUTIONS, )
INC., )
)
Defendants. )
________________________________ )
THIS MATTER is before the Court on the Plaintiff’s Motion for Leave
to File Surreply to Optum’s Motion for Summary Judgment [Doc. 216] and
the parties’ Joint Motion for Leave to File under Seal One Exhibit and Related
Portions of Plaintiff’s Proposed Surreply to Optum’s Motion for Summary
Judgment [Doc. 214].
The Plaintiff seeks leave to file a surreply in support of her response in
opposition to Optum’s Motion for Summary Judgment. [Doc. 216]. Optum
opposes the Plaintiff’s Motion. [Doc. 218].
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Nothing in the Court’s standard Pretrial Order and Case Management
Plan authorizes the filing of a surreply brief. The Local Rules provide that
such briefs “are neither anticipated nor allowed by this Rule, but leave of
Court may be sought to file a surreply when warranted.” LCvR 7.1(e).
“Generally, courts allow a party to file a surreply only when fairness dictates
based on new arguments raised in the previous reply.” DiPaulo v. Potter,
733 F. Supp. 2d 666, 670 (M.D.N.C. 2010).
The Court does not find that fairness so dictates here. Optum’s Motion
for Summary Judgment has been exhaustively briefed, and the Court is more
than capable of discerning the positions of the parties from the briefs that
have already been filed.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion for Leave to
File Surreply to Optum’s Motion for Summary Judgment [Doc. 216] is
DENIED.
IT IS FURTHER ORDERED that the parties’ Joint Motion for Leave to
File under Seal One Exhibit and Related Portions of Plaintiff’s Proposed
Surreply to Optum’s Motion for Summary Judgment [Doc. 214] is DENIED
AS MOOT.
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IT IS SO ORDERED.
Signed: April 10, 2019
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