UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
November 4, 2010
EUSTACIO SALAZAR-MARTINEZ, ON BEHALF OF HIMSELF AND ALL OTHER SIMILARLY SITUATED PERSONS, PLAINTIFFS,
FOWLER BROTHERS, INC., JOHN FOWLER, ROBERT FOWLER, JOHN D. FOWLER AND AUSTIN FOWLER DEFENDANTS.
The opinion of the court was delivered by: Michael A. Telesca United States District Judge
By motion dated October 21, 2010, Plaintiff filed a motion to permit a Sur-Reply to address new arguments and evidence in Defendants' Reply to Plaintiff's Opposition to Defendant's motion for summary judgment. Plaintiff has already addressed Defendants' arguments based on Castellanos-Contreras v. Decatur Hotels, ---F.3d at ---- , Docket No. 07-30942, 2010 WL 3816016 (5th Cir. Oct. 1, 2010) in his Reply to Defendant's Opposition to his motion to issue notice to the class, and this Court does not find that the new translation of the Declaration of Angelica Maria Nava Piña requires further argument. Therefore, Plaintiff's motion to file a Sur-Reply is denied.
ALL OF THE ABOVE IS SO ORDERED.
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