Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:03-cv-00630-DJS

Document 57

Filed 11/26/2003

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UNITED STATES DISTRICT COURT for the DISTRICT OF CONNECTICUT __________________________________________ : MARIO RICHARDS, : Plaintiff, : : : v. : : : COMPUTER SCIENCES CORPORATION. : Defendant. : __________________________________________: CIVIL NO. 303CV00630 (DJS)

NOVEMBER 26, 2003

DEFENDANT'S MOTION FOR PERMISSION TO FILE SUR-REPLY TO PLAINTIFF'S REPLY TO OPPOSITION TO MOTION FOR CLASS CERTIFICATION

Pursuant to the Federal Rules of Civil Procedure and the Local Rules of this Court, the Defendant, Computer Sciences Corporation, hereby respectfully moves for permission to file a Sur-Reply to Plaintiff's Reply to Defendant's Opposition to Motion for Class Certification by December 10, 2003. In support of this Motion, Defendant states the following: 1. Plaintiff filed a Motion for Class Certification and Permission to Serve

Notice on September 2, 2003, and Defendant filed its Opposition on October 14, 2003 in accordance with the Court's Orders establishing deadlines for Plaintiff's Motion. 2. Following numerous extensions of time, on November 17, 2003 Plaintiff

filed a Reply Memorandum in Response to Defendant's Opposition to Plaintiff's Motion for

ORAL ARGUMENT NOT REQUESTED TESTIMONY NOT REQUIRED

Case 3:03-cv-00630-DJS

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Class Certification and Permission to Serve Notice. Memorandum on November 19, 2003. 3.

Defendant received Plaintiff's Reply

In his Reply Memorandum, Plaintiff submitted numerous affidavits and

documents that were not previously provided to Defendants and were not in any way referenced or produced in support of Plaintiff's original Motion. This new evidence was produced for the first time with Plaintiff's Reply Memorandum. 4. Defendant seeks permission from the Court to file a Sur-Reply

Memorandum in order to have an opportunity to respond to the new evidence submitted by Plaintiff.

WHEREFORE, Defendant respectfully moves for permission to file a Sur-Reply to Plaintiff's Reply to Defendant's Opposition to Motion for Class Certification by December 10, 2003.

DEFENDANT, COMPUTER SCIENCES CORPORATION

By: Tasos C. Paindiris (ct 16739) William J. Anthony (ct 17865) Jackson Lewis LLP 55 Farmington Avenue, Suite 1200 Hartford, CT 06105 Tel. (860) 522-0404 Fax. (860) 247-1330 E-mail: [email protected]

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Case 3:03-cv-00630-DJS

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CERTIFICATION OF SERVICE This is to certify that a copy of the foregoing was sent by first class mail, postage prepaid, on this 26th day of November, 2003, to the following:

Michael J. Melly 143 Oneco Avenue New London, CT 06320

___________________________ Tasos C. Paindiris

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Case 3:03-cv-00630-DJS

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H:\Client Folder\C\Computer Sciences Corp\Richards\Motion Permission File Surreply.DOC

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