IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 30, 2007
JOSEPH RUPPERT, AS TRUSTEE AND ON BEHALF OF FAIRMONT PARK, INC., RETIREMENT SAVINGS PLAN, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
PRINCIPAL LIFE INSURANCE, CO., DEFENDANT.
The opinion of the court was delivered by: Herndon, District Judge
Pending before the Court is Defendant's motion to strike sur-reply, or in the alternative, for leave to reply to sur-reply (Doc. 45). Defendant moves the Court to strike Plaintiff's March 22, 2007 supplemental exhibit to his response in opposition to Principal's section 1404(a) motion to transfer (Doc. 44). Defendant contends that this pleading is actually a sur-reply filed in violation of the local rules. Plaintiff opposes the motion arguing that his pleading is not a sur-reply. Plaintiff contends that since Principal failed to submit Ruppert's entire deposition testimony and Principal mischaracterized Ruppert's testimony he needed to supplement the record.
After reviewing Plaintiff's March 22, 2007 supplement, the Court finds that the submission of Ruppert's entire deposition is proper and necessary for the record. The Court will consider Ruppert's entire deposition when deciding the motion to transfer. However, the Court finds that Ruppert's brief regarding Ruppert's testimony is a sur-reply and in violation of the Local Rules.*fn1 Thus, the Court GRANTS in part and DENIES in part Defendant's motion to strike. The Court GRANTS the motion as to the brief regarding Ruppert's testimony and DENIES the motion as to Ruppert's deposition.
IT IS SO ORDERED.
David R Herndon United States District Judge