Smith v. Las Vegas Metropolitan Police Department

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA MARY SMITH, et al., 4 Case No. 2:23-cv-00092-JAD-NJK Plaintiffs, 5 Order v. 6 [Docket No. 119] LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al., 8 Defendants.

9 Pending before the Court is Defendants’ motion for leave to file a surreply regarding Plaintiffs’ motion for spoliation sanctions. Docket No. 119; see also Docket No. 105. Plaintiffs did not file a response and the time to do so has now passed. See Docket.

12 “A party is generally prohibited from raising new issues for the first time in its reply brief” as the opposing party is not afforded an opportunity to respond. Queensridge Towers LLC v. Allianz Global Risk US Ins. Co., 2015 WL 1403479 at *3 (D. Nev. Mar. 26, 2015) (citing Eberle v. City of Anahiem, 901 F.2d 814, 818 (9th Cir. 1990)). Therefore,“[w]here the moving party presents new matters for the first time in a reply brief, the Court may either refuse to consider the new matters or allow the opposing party an opportunity to respond.” Steven Cohen Prods. Ltd. v. Lucky Star, Inc., 2015 WL 3555384 at *3 (D. Nev. June 5, 2015) (citing Zamani v. Carnes, 491 19 F.3d 990, 997 (9th Cir. 2007)). A court may grant a party leave to file a surreply in order to afford the opposing party that opportunity. Id. However, such a surreply may “only address new matters raised in a reply to which a party would otherwise be unable to respond.” Steven Cohen Prods. Ltd., 2015 WL 3555384 at *3.

23 Here, Plaintiffs consented to the granting of Defendants’ motion by failing to oppose it.

24 See Local Rule 7-2(d) (“failure of an opposing party to file points and authorities in response to any motion…constitutes a consent to the granting of the motion”).

26 Further, the Court has reviewed Defendants’ motion and finds it to be meritorious. ] Accordingly, the Court GRANTS Defendants’ motion for leave to file surreply. Docket No. 119. No later than October 22, 2024, Defendants must file their surreply, Docket No. 119-1, 3}, on the Docket.

4 IT IS SO ORDERED.

5 Dated: October 18, 2024 : United States Magistrate Judge 1]