Jerry L. Maynard v. Combined Insurance Company of America

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION

JERRY L. MAYNARD, Plaintiff, v. CIVIL ACTION NO. 3:25-0234 COMBINED INSURANCE COMPANY OF AMERICA, Defendant.

MEMORANDUM OPINION AND ORDER After Plaintiff filed this action, Defendant moved to dismiss some of the counts in Plaintiff’s Amended Complaint. See ECF 31. Plaintiff filed a Response to Defendant’s Motion, and Defendant filed a Reply. See ECF Nos. 32, 36. Plaintiff then filed a Motion for Leave to File Sur-Reply (ECF 38).

While surreplies are “highly disfavored,” they “may be permitted when an opposing party raises an argument for the first time in a reply brief and the movant would otherwise be unable to address it.” Burnett v. BJ’s Wholesale Club, 722 F.Supp.3d 566, 580 (D. Md. 2024) (cleaned up).

Plaintiff argues that he should be permitted to file a surreply because Defendant’s Reply raised, for the first time, the argument that Plaintiff lacks standing to pursue certain claims. See ECF 38 at 1. This is patently false. Not only did Defendant raise this argument in the Memorandum of Law that accompanied its Motion to Dismiss, see ECF 31 pt. IV. B, but Plaintiff addressed it in his Response, see ECF 33 pt. IV. The Court DENIES Plaintiff’s Motion for Leave to File Sur- Reply (ECF 38).

Defendant asks the Court for “an award of . . . attorney fees and costs incurred in responding to [Plainitff's] Motion ....” Since Defendant has not identified any legal basis for such relief, the Court DENIES Defendant’s request.

The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.

ENTER: October 29, 2025

ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE