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

R ANDOLPH G . B ACHRACH
ATTORNEY AT LAW

5103 E. THOMAS ROAD PHOENIX, ARIZONA 85018 Tel: (602) 852-9540 Fax: (602) 840-0318 (AZ #12621 - CA #93278)

Attorneys for Plaintiff

United States District Court
FOR THE DISTRICT OF ARIZONA

DAVID L. MAZET, Plaintiff, vs. HALLIBURTON COMPANY LONGTERM DISABILITY PLAN; and, HARTFORD LIFE & ACCIDENT INSURANCE COMPANY, Defendants.
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No.: CV 04 0493 PHX FJM PLAINTIFF'S OBJECTION TO DEFENDANTS' REQUEST FOR LEAVE TO FILE SUR-REPLY; REQUEST FOR LEAVE TO FILE PLAINTIFF'S SUR-RESPONSE (Oral argument requested)

Plaintiff objects to Defendants' proposed sur-reply. Defendants claim that "[t]he purpose of the sur-reply will be to address an issue on which Plaintiff focused for the first time in his reply." To the contrary, Plaintiff's Reply addressed only those issues raised in his motion (re: second remand) and addressed by Defendants in their response to Plaintiff's motion. There do not exist any new issues or arguments which justify Defendants' sur-reply. The real purpose of the sur-reply is apparent on its face, i.e., to allow Defendants to submit yet additional documents in this case which have never previously been provided to Plaintiff and which have not been produced formally as required by Rule 26, F.R.C.P. In the interest of fairness, Plaintiff should be permitted an opportunity to respond to these new documents. Accordingly, should the Court decide to grant the leave requested by Defendants, Plaintiff requests leave and opportunity to respond to these new documents and arguments (by way of sur-response) which have been raised for the first time by way of Defendants sur-reply. In

Case 2:04-cv-00493-FJM

Document 87

Filed 07/29/2008

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that event, Plaintiff requests that the proposed Order submitted by Defendants be appropriately amended to allow Plaintiff to file his sur-response.

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DATED: July 29, 2008

RANDOLPH G. BACHRACH Attorney at Law

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By s/Randolph G. Bachrach Randolph G. Bachrach, Esq. 5103 E. Thomas Road Phoenix, Arizona 85018 Attorney for Plaintiff I hereby certify that on July 29, 2008 I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:
Steve Bressler Ricki Cohen LEWIS & ROCA, LLP 40 N. Central Ave. Phoenix, Arizona 85004-3329 Attorneys for Defendants

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s/Randolph G. Bachrach

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Case 2:04-cv-00493-FJM

Document 87

Filed 07/29/2008

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