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Kalomiris v. Monroe County Syndicate

July 29, 2008

ANASTASIOS [TOMMY] KALOMIRIS, PLAINTIFF
v.
THE MONROE COUNTY SYNDICATE, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 29th day of July, 2008, upon consideration of defendants' motion to strike (Doc. 36) plaintiffs' addendum to his brief in opposition*fn1 (Doc. 31) because plaintiff filed it without leave of court in violation of Local Rule 7.7,*fn2 and of the court's order to show cause (Doc. 42) why the motion should not be granted as unopposed,*fn3 and of plaintiff's response thereto (Doc. 43), in which plaintiff states that he filed the addendum "to clarify the Plaintiff's original Complaint," (id. at 1), and it appearing that plaintiff's addendum succinctly enumerates the claims that plaintiff advances against defendants,*fn4 (see Doc. 31 at 2-3), and thereby serves to clarify the allegations set forth more fully in plaintiff's fifteen-page complaint, (see Doc. 1), it is hereby ORDERED that:

1. Defendant's motion to strike (Doc. 36) is DENIED.

2. Plaintiff's addendum (Doc. 31) is CONSTRUED as a motion pursuant to Local Rule 7.7 for leave to file a surreply to the reply brief (Doc. 27) filed on May 15, 2008. The motion is GRANTED as so construed.*fn5

3. The Clerk of Court is directed to AMEND the addendum's (Doc. 31) docket annotation to reflect its status as a surreply to the reply brief (Doc. 27) filed on May 15, 2008.

CHRISTOPHER C. CONNER United States ...


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