Motorists Mutual Insurance Company v. Teel's Restaurant Inc et al, No. 3:2008cv00237 - Document 77 (N.D. Ind. 2009)
Court Description: OPINION AND ORDER denying 76 RULE 56 MOTION to Strike 75 Reply to Response to Motion for Summary Judgment filed by Motorists Mutual Insurance Company. Signed by Magistrate Judge Christopher A Nuechterlein on 12/10/09. (kds)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, v. TEEL S RESTAURANT INC., Defendant. ) ) ) ) ) ) ) ) ) ) CAUSE NO. 3:08-CV-237 CAN OPINION AND ORDER On November 10, 2009, this Court granted the Plaintiff s motion for partial summary judgment. On November 30, 2009, the Defendant, Teel s Restaurant Inc., filed a reply brief, pertaining to the previously-pending motion for summary judgment. On December 9, 2009, the Plaintiff filed a motion to strike the after-filed brief. This Court now DENIES the Plaintiff s motion to strike. [Doc. No. 76]. The Plaintiff has failed to articulate any prejudice to permit the reply brief to remain as filed. SO ORDERED. Dated this 10th Day of December, 2009. S/Christopher A. Nuechterlein Christopher A. Nuechterlein United States Magistrate Judge
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