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

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Case 2:04-cv-00424-ROS Document 274 Filed 02/07/2007 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Barbara Allen, Richard Dippold, Melvin) Jones, Donald McCarty, Richard Scates) and Walter G. West, individually and on) ) behalf of all others similarly situated, ) ) ) Plaintiffs, ) ) vs. ) Honeywell Retirement Earnings Plan,) Honeywell Secured Benefit Plan, Plan) Administrator of Honeywell Retirement Earnings Plan, and Plan Administrator of Honeywell Secured Benefit Plan,

No. CV 04-0424-PHX-ROS ORDER

Pending before the Court is Plaintiff's Motion for Leave to File Plaintiff's Surreply or in the alternative Motion to Strike (Doc. #268). A surreply will not be necessary and the Court is aware that Defendant may not raise arguments for the first time in a reply brief. Accordingly, IT IS ORDERED THAT Plaintiff's Motion (Doc. #268) is DENIED. DATED this 6th day of February, 2007.