James v. Intelligent Software Solutions, Inc.

MOTION for leave to file Reply Brief

M.D. Fla.September 27, 2018

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SHERI JAMES, Plaintiff, v. INTELLIGENT SOFTWARE SOLUTIONS, INC., Defendant. / CASE NO.: 8:16-cv-02773-SDM-TGW DEFENDANT’S MOTION FOR LEAVE TO FILE REPLY Defendant Intelligent Software Solutions, Inc. (“Defendant”), pursuant to Local Rules 3.01(c) and (d), moves for leave to file a reply brief to Plaintiff’s Response in Opposition (Dkt. 202) to Defendants’ Motion to Dismiss Plaintiff’s Fourth Amended Complaint (Dkt. 196), and as grounds states: 1. Plaintiff’s Response raises new or different matters not addressed in Defendant’s motion, and matters where a reply could clarify legal questions and possibly aid the Court. Defendant also seeks leave to fairly respond to what it views as new matters and misleading and incomplete statements of fact and law. A Reply should be allowed to provide a complete record on matters of law and fact that could not have been fully addressed in the underlying motion. See Ottaviano v. Nautilus Ins. Co., No. 8:08-CV-2204T33TGW, 2009 WL 425976, at *1 (M.D. Fla. Feb. 19, 2009) (permitting a reply memorandum to address misstatements of the facts and case law). Case 8:16-cv-02773-SDM-TGW Document 203 Filed 09/27/18 Page 1 of 3 PageID 2337 2 2. Defendant’s Reply will be no more than seven (7) pages in length, will not prejudice any party, and may aid the Court. 3. Defendant asks that it be permitted ten days from the Court’s Order on this motion to file the Reply, if allowed. WHEREFORE, Defendant respectfully requests that the Court enter an Order permitting Defendant to file a Reply to Plaintiff’s Response limited to seven pages in length, within ten days of this Court’s Order allowing a Reply. CERTIFICATE OF 3.01(g) CONFERRAL Pursuant to Local Rule 3.01(g) counsel for the parties conferred. Plaintiff opposes leave for a Reply. DATED September 27, 2018 Respectfully submitted, /s/ Kevin D. Zwetsch Kevin D. Zwetsch Florida Bar No. 962260 Ina F. Young Florida Bar No. 117663 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 100 North Tampa Street, Suite 3600 Tampa, Florida 33602 Telephone: 813.289.1247 Facsimile: 813.289.6530 kevin.zwetsch@ogletreedeakins.com ina.young@ogletreedeakins.com Attorneys for Defendant Case 8:16-cv-02773-SDM-TGW Document 203 Filed 09/27/18 Page 2 of 3 PageID 2338 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 27, 2018, a true and correct copy of the foregoing was sent via electronic mail to Shaina Thorpe and James J. Thorpe, counsel for Plaintiff at: shaina@thorpelawyers.com; jim@thorpelawyers.com; secondary email: leighann@thorpelawyers.com. I FURTHER CERTIFY that to the best of my knowledge there are not any non- CM/ECF participants that require notification of this response via U.S. Mail. /s/ Kevin D. Zwetsch Attorney 35730498.1 Case 8:16-cv-02773-SDM-TGW Document 203 Filed 09/27/18 Page 3 of 3 PageID 2339