Glass v. AsicNorth Incorporated ( 2019 )

WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Kevin W Glass, No. CV-18-00898-PHX-DLR 10 Plaintiff, ORDER 11 Vv. 12) AsicNorth Incorporated, 13 Defendant. 14 15 16 Before the Court is Plaintiffs motion to strike the declaration of John Condrey. 17|| (Docs. 51, 52.) The Court will not consider new evidence presented in a reply to a motion 18 || forsummary judgment without giving the non-movant the opportunity to respond. Provenz v. Miller, 102 F. 3d 1478, 1483 (9th Cir. 1996). 20 IT IS ORDERED that Plaintiff's motion to strike (Doc. 51) is DENIED. Plaintiff 91 || may file a surreply addressing the new evidence presented in John Condrey’s affidavit no || later than November 4, 2019. 23 Dated this 22nd day of October, 2019. 24 □ Uaied States District Judge 27 28