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Civil Rights: Other | New York Eastern
Notice(Other)
Plaintiff's Limited Sur-Reply Regarding This Court's Jurisdiction to Decide Defendant's Fee Application filed by Eugeny Yaroshevsky (AIH)
Status Report Order
ORDER granting 71 : Plaintiff seeks leave to file a sur-reply in response to Defendants' reply 70 to his opposition 69 to their motion 66 for attorneys' fees. Plaintiff alleges, inter alia, that a sur-reply is necessary to address arguments regarding appellate jurisdiction raised for the first time in Defendants' reply to his opposition.
"Motions for leave to file sur-reply information are subject to the sound discretion of the court." Anghel v. New York State Dep't of Health, 947 F. Supp. 2d 284, 293 (E.D.N.Y. 2013), aff'd, 589 F. App'x 28 (2d Cir. 2015). The Court first notes that Plaintiff failed to fully address these jurisdictional issues despite being explicitly ordered to do so. See Dkt. Order dated Apr. 21, 2026. Nevertheless, acknowledging Plaintiffs pro se status, the Court GRANTS Plaintiff leave to file a sur-reply, which shall be filed no later than 6/12/2026, shall not exceed five pages, and shall address ONLY Defendants' arguments regarding this Court's jurisdiction to decide the fee application. Plaintiff's sur-reply should explain whether he agrees with Defendants that this Court retains jurisdiction to address the fee application. So Ordered by Magistrate Judge Seth D. Eichenholtz on 5/30/2026. (NRH)
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