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Schlegel v. Wilson-Cook Medical

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


August 20, 2007

JAMES SCHLEGEL AND KELLY SCHLEGEL, PLAINTIFFS
v.
WILSON-COOK MEDICAL, INC., DEFENDANT/THIRD-PARTY PLAINTIFF
v.
A. DAVID FROEHLICH, M.D., ET AL., : THIRD-PARTY DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 20th day of August, 2007, upon consideration of defendant/ third-party plaintiff Wilson-Cook Medical, Inc.'s motion (Doc. 81) to strike third- party defendant Holy Spirit Hospital's reply brief (Doc. 79) and new statement of facts (Doc. 80) or, in the alternative, for leave to file a sur-reply,*fn1 and it appearing that Holy Spirit Hospital's reply brief raises arguments not addressed in its brief in support (Doc. 73) of its motion for summary judgment (Doc. 72), and that Holy Spirit Hospital filed additional statements of material fact (Doc. 80), it is hereby

ORDERED that the motion (Doc. 81) is GRANTED as follows:

1. Defendant/third-party plaintiff Wilson-Cook Medical, Inc. is granted leave to file a sur-reply.*fn2

2. The Clerk of Court is directed to remove the proposed sur-reply (Doc. 82, Ex. A) from the docket in this case and file it as a sur-reply to the motion for summary judgment (Doc. 72).

3. The Clerk of Court is directed to remove the proposed responsive statement of facts (Doc. 82, Ex. B) from the docket in this case and file it as a statement of facts in response to Holy Spirit Hospital's new statement of facts (Doc. 80).


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