Blackett v. Brainstorm, No. 2:2021cv00415 - Document 65 (D. Utah 2023)
Court Description: MEMORANDUM DECISION AND ORDER: The court ORDERS that Plaintiff shall have leave to respond to the new evidence raised in 63 Defendant's reply by filing a sur-reply no later than within 30 days of this order. Signed by Judge Jill N. Parrish on 11/16/23. (dle)
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Blackett v. Brainstorm Doc. 65 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH REBECCA BLACKETT, MEMORANDUM DECISION AND ORDER Plaintiff, v. Case No. 2:21-cv-00415-JNP-DBP BRAINSTORM, District Judge Jill N. Parrish Defendant. On August 15, 2023, Defendant field a reply brief (ECF No. 63) in support of its motion for summary judgment (ECF No. 36). Defendant’s reply brief offered new evidence, including the declarations of Eric Farr, Gus Hytonen, Andrew Wojciechowski, and Matthew Durham. ECF Nos. 63-2, 63-3, 63-4, 63-5. While the court could decline to consider the new evidence raised in Defendant’s reply, see DUCivR 56-1(d), the court finds that justice and judicial efficiency will be better served by granting Plaintiff an opportunity to respond to the new evidence before the court issues a decision on Defendant’s motion. For the reasons set forth herein, the court ORDERS that Plaintiff shall have leave to respond to the new evidence raised in Defendant’s reply by filing a sur-reply no later than within 30 days of this order. Signed November 16, 2023 BY THE COURT ______________________________ Jill N. Parrish United States District Court Judge Dockets.Justia.com
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