DeBose v. USF Board of Trustees et al

MOTION for leave to file Reply to Defendant's Opposition to Motion for Sanctions or Alternatively Relief from Judgment

M.D. Fla.January 15, 2019

1 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CIVIL ACTION NO. 8:15-cv-02787-EAK-AEP ANGELA DEBOSE, ) ) Plaintiff, ) v. ) ) UNIVERSITY OF SOUTH FLORIDA ) BOARD OF TRUSTEES, UNIVERSITY ) OF SOUTH FLORIDA, AND ELLUCIAN, ) L.P., ) ) Defendants. ) ____________________________________/ PLAINTIFF’S MOTION FOR LEAVE TO FILE A REPLY TO DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION FOR SANCTIONS OR ALTERNATIVELY RELIEF FROM JUDGMENT Plaintiff Angela DeBose respectfully requests leave to file a reply to the response from the University of South Florida Board of Trustees (“USFBOT”) to Plaintiff’s Motion for Sanctions or Alternatively Relief from Judgment. (Doc. 542). In support, Plaintiff says as follows: 1. Under the Federal Rules, the party seeking relief typically has an opportunity to reply to any opposition to the relief being sought. See, e.g., Fed. R. Civ. P. 7 (permitting reply brief). 2. In the instant case, DeBose seeks leave to file a reply to allow her to explain to the Court that the Defendant’s response fails to address several arguments made in Plaintiff’s motion. 3. Moreover, Defendant has made several assertions in its response that have no basis in law or are not supported by the record evidence in this case. DeBose seeks an opportunity to respond to these inaccuracies. Case 8:15-cv-02787-EAK-AEP Document 544 Filed 01/15/19 Page 1 of 2 PageID 9862 2 4. Finally, granting this motion will not prejudice Defendant. The Court received USFBOT’s response on Monday, January 14, 2019. Plaintiff’s reply will reach the Court in accordance with the Court’s decision, on the date designated. 5. The Local Rules of this Court contemplate that there ordinarily will be with any given motion, the movant’s opening memorandum; the non-movant’s opposition; and the movant’s reply. 6. As movant, Plaintiff seeks to file a reply to the Defendant’s opposition. WHEREFORE, Plaintiff respectfully asks the Court to grant her motion requesting leave to file a reply to USFBOT’s opposition to her motion for sanctions. Submitted: 1/15/2019 _/s/ Angela DeBose __________ Angela DeBose CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 15th day of January, 2019, the above and foregoing was filed with the Clerk of the Court, which will email the following: Richard C. McCrea, Jr., Greenberg Traurig, P.A., 101 East Kennedy Boulevard, Suite 1900, Tampa, Florida 33602-5148; email: (mccrear@gtlaw.com) and Kimberly Doud, Littler Mendelson, 111 North Magnolia Avenue, Suite 1250, Orlando, Florida 32801; email: (kdoud@littler.com). _/s/ Angela DeBose __________ Angela DeBose 1107 W. Kirby Street Tampa, Florida 33604 Telephone: (813) 932-6959 Email: awdebose@aol.com Case 8:15-cv-02787-EAK-AEP Document 544 Filed 01/15/19 Page 2 of 2 PageID 9863