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PENNSYLVANIA GENERAL INSURANCE CO., ET AL., Plaintiffs, v. HEIDI STORY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CHRISTOPHER SHANE STORY, ET AL., Defendants.

MEMORANDUM ORDER

A. JOE FISH, United States District Chief Judge

On May 21, 2003, the plaintiffs filed a motion to strike new argument raised in defendant's reply brief, or alternatively, a motion for leave to file a surreply. See Docket Sheet.

The purpose of a reply brief under local rule 7.1(f), "is to rebut the nonmovant[s'] response, thereby persuading the court that the movant is entitled to the relief requested by the motion. " Springs Industries, Inc. v. American Motorists Insurance Company, 137 F.R.D. 238, 239-240 (N.D. Tex. 1991); see also Dethrow v. Parkland Health Hospital System, 204 F.R.D. 102, 103-104 (N.D. Tex. 2001). Consequently, a court generally will not consider arguments raised for the first time in a reply brief. See Lacher v. West, 147 F. Supp.2d 538, 539 (N.D. Tex. 2001); Blanchard and Company, Inc. v. Heritage Capital Corporation, No. 3:97-CV-690-H, 1997 WL 757909 at *1 (N.D. Tex. Dec. 1, 1997); Springs Industries, 137 F.R.D. at 240. However, no "palpable injustice" exists where the nonmovants are given a chance to respond, as would be the situation if the court were to grant the instant motion for leave to file surreply. See Blanchard, 1997 WL 757909 at * 1; Springs Industries, 137 F.R.D. at 240. In granting leave to file a surreply, the court affords plaintiffs the opportunity to respond to the new argument raised in the defendant's reply brief. See Blanchard, 1997 WL 757909 at *1.

Accordingly, the plaintiffs' motion to strike new argument raised in the defendant's reply brief is DENIED, while their alternative motion for leave to file a surreply is GRANTED.

SO ORDERED.

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PENNSYLVANIA GENERAL INSURANCE CO. v. STORY, (N.D.Tex. 2003)
(Jun 10, 2003)