Glass v. AsicNorth Incorporated
Trial Court Opinion
WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 9 Kevin W Glass, No. CV-18-00898-PHX-DLR 10 Plaintiff, ORDER 11 Vv.
12) AsicNorth Incorporated, 13 Defendant.
16 Before the Court is Plaintiffs motion to strike the declaration of John Condrey.
17|| (Docs. 51, 52.) The Court will not consider new evidence presented in a reply to a motion || forsummary judgment without giving the non-movant the opportunity to respond. Provenz v. Miller, 102 F. 3d 1478, 1483 (9th Cir. 1996).
20 IT IS ORDERED that Plaintiff's motion to strike (Doc. 51) is DENIED. Plaintiff || may file a surreply addressing the new evidence presented in John Condrey’s affidavit no || later than November 4, 2019.
23 Dated this 22nd day of October, 2019.
24 □ Uaied States District Judge
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