After doing a little research, it looks like a surreply is simply a reply to a reply. And while it’s not specifically allowed, it’s not automatically disallowed either. In other words, it’s up to the judge to decide whether to strictly limit replies or to allow them, based on their content and their relevance to the case.
For these reasons, I filed my Response to Motion to Strike last week. I argued that I was within my 14 day time limit to respond to the last motion, as well as within the extended response period that resulted from the Defendant’s own Motion to Stay Pretrial Deadlines.
I also argued that, should the judge choose to strictly enforce rules on surreplies, he should also strictly enforce the rule on the Defendants’ last filing, which was also a surreply. I also suggested that if they are to strictly enforce these rules, he should also strictly enforce the standing order on pages limits.
Once again, it’s in the judge’s hands. We’ll see if we get any decisions before the Defendants file any other motions …
