KUNTZMAN v. Wal-Mart

OPINION and ORDER

JAMES T. MOODY, District Judge.

Defendant Wal-Mart Stores East, L.P. 1 (‘Wal-Mart East”) has moved for summary judgment (Def.’s Mot. for Summ. J., DE # 53) and to strike portions of plaintiff Bethany Kuntzman’s (“Kuntzman”), surreply (Def.’s Rule 56 Mot. to Strike, DE # 66). As the motion to strike must be dealt with as a preliminary matter, the court will address it first.

Motion to Strike

After Wal-Mart East’s motion was fully briefed, Kuntzman moved for leave to file a sur-reply claiming that Wal-Mart’s reply brief in support of its motion for summary judgment “assert[ed]…