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Cunningham Charter Corp. v. Learjet

July 28, 2009

CUNNINGHAM CHARTER CORPORATION, PLAINTIFF,
v.
LEARJET, INC., DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

The Court raises this matter, sua sponte, pursuant to Federal Rule of Civil Procedure 12(f)(1). Currently pending is Plaintiff's Second Motion to Remand (Doc. 77 ). Defendant timely filed a Response (Doc. 78). Plaintiff filed a Reply. (Doc 80). Local Rule 7.1(d) states that "[r]eply briefs shall not exceed five (5) pages." SDIL -LR 7.1(d). Plaintiff's Reply is 9 pages. Plaintiff did not request leave to file a reply brief in excess of 5 pages. Accordingly, the Court STRIKES Plaintiff's Reply (Doc. 80). Plaintiff is ALLOWED up to and including July 31, 2009 to file a Reply that conforms to the Local Rules.

IT IS SO ORDERED.

Dated this 28th day of July 2009

David R Herndon Chief Judge United States District Court

20090728

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