Case 1:16-cv-02690-AT Document 127 Filed 08/09/16 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
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`Civil Action
`File No. 1:16-cv-02690-AT
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`SIPCO, LLC, and IP CO, LLC
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`(d/b/a INTUS IQ),
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`Plaintiffs,
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`v.
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`EMERSON ELECTRIC CO., EMERSON
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`PROCESS MANAGEMENT LLLP,
`FISHER-ROSEMOUNT SYSTEMS, INC., )
`ROSEMOUNT INC., BP p.l.c., BP
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`AMERICA, INC., and BP AMERICA
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`PRODUCTION COMPANY,
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`Defendants.
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`PLAINTIFFS’ OPPOSED MOTION FOR LEAVE TO FILE THE
`ATTACHED SUR-REPLY IN OPPOSITION TO BP P.L.C.’S MOTION TO
`DISMISS FOR FAILURE TO STATE A CLAIM AND MISJOINDER
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`Plaintiffs SIPCO, LLC and IP CO, LLC (collectively, “SIPCO”) respectfully
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`seek leave of Court to file the sur-reply attached as Exhibit 1 in Opposition to BP
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`p.l.c.’s Motion to Dismiss for Failure to State a Claim and Misjoinder. In support
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`of its Motion for Leave, SIPCO states as follows:
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`Civil Action
`File No. 1:16-cv-02690-AT
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`SIPCO, LLC, and IP CO, LLC
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`(d/b/a INTUS IQ),
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`)
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`Plaintiffs,
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`v.
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`EMERSON ELECTRIC CO., EMERSON
`)
`PROCESS MANAGEMENT LLLP,
`FISHER-ROSEMOUNT SYSTEMS, INC., )
`ROSEMOUNT INC., BP p.l.c., BP
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`)
`AMERICA, INC., and BP AMERICA
`)
`PRODUCTION COMPANY,
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`)
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`)
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`Defendants.
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`)
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`PLAINTIFFS’ OPPOSED MOTION FOR LEAVE TO FILE THE
`ATTACHED SUR-REPLY IN OPPOSITION TO BP P.L.C.’S MOTION TO
`DISMISS FOR FAILURE TO STATE A CLAIM AND MISJOINDER
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`
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`Plaintiffs SIPCO, LLC and IP CO, LLC (collectively, “SIPCO”) respectfully
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`seek leave of Court to file the sur-reply attached as Exhibit 1 in Opposition to BP
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`p.l.c.’s Motion to Dismiss for Failure to State a Claim and Misjoinder. In support
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`of its Motion for Leave, SIPCO states as follows:
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`Case 1:16-cv-02690-AT Document 127 Filed 08/09/16 Page 2 of 6
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`1.
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`This Court may exercise its discretion to permit the filing of a sur-
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`reply where a valid reason for additional briefing exists. Fedrick v. Mercedes-Benz
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`USA, LLC, 366 F. Supp. 2d 1190, 1197 (N.D. Ga. 2005). “Sur-replies typically
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`will be permitted only in unusual circumstances, such as where a movant raises
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`new arguments or facts in a reply brief….” Atlanta Fiberglass USA, LLC v. KPI,
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`Co., No. 1:11-cv-4367-RWS, 2013 WL 4786912, at *4 (N.D. Ga. Sept. 6, 2013).
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`2.
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`On July 22, 2016, the above-captioned case was transferred to this
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`Court from the U.S. District Court for the Eastern District of Texas, Civil Action
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`No. 15-907. As of that date, the above-captioned case was closed in the Eastern
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`District of Texas.
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`3.
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`BP p.l.c. filed its Motion to Dismiss for Failure to State a Claim (Dkt.
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`87), SIPCO filed its opposition (Dkt. 97), and BP p.l.c. filed its reply (Dkt. 104) in
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`the Eastern District of Texas before the case was transferred to this Court.
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`4.
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`Local Rule CV-7(F) of the Local Rules of the Eastern District of
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`Texas permits the filing of sur-replies as a matter of right.
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`5.
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`SIPCO now seeks leave to file a sur-reply before this court to address
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`misrepresentations of fact and incorrect analysis of the law that BP p.l.c. has only
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`alleged and argued in its reply (Dkt. 104).
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`Case 1:16-cv-02690-AT Document 127 Filed 08/09/16 Page 3 of 6
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`6.
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`SIPCO did not have an adequate opportunity to address these new
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`misrepresentations and incorrect legal propositions in its opposition.
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`7.
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`Therefore, SIPCO respectfully requests that the Court grant this
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`Motion for Leave and consider the attached sur-reply so that SIPCO can address
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`these new issues and be fully and fairly heard.
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`Respectfully submitted this 9th day of August, 2016.
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`/s/ J. Christopher Fox, II
`J. Christopher Fox, II
`Georgia Bar No. 272527
`Michael Coleman
`Georgia Bar No. 177635
`Thompson Hine LLP
`Two Alliance Center, Suite 1600
`3560 Lenox Road
`Atlanta, Georgia 30326
`Telephone: 404-541-2900
`Facsimile: 404-541-2905
`Chris.Fox@ThompsonHine.com
`Michael.Coleman@ThompsonHine.com
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`Paul J. Cronin, Pro hac vice
`James C. Hall, Pro hac vice
`Nutter, McClennen & Fish LLP
`155 Seaport Boulevard
`Boston, Massachusetts 02210-2604
`Telephone: 617-439-2000
`Facsimile: 617-310-9000
`pcronin@nutter.com
`jhall@nutter.com
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`Case 1:16-cv-02690-AT Document 127 Filed 08/09/16 Page 4 of 6
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`Counsel for SIPCO, LLC and IP CO, LLC
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`Case 1:16-cv-02690-AT Document 127 Filed 08/09/16 Page 5 of 6
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`CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
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`The undersigned hereby certifies that this filing was prepared using one of
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`the font and point selections approved by this Court in Local Rule 5.1C.
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`Specifically, Times New Roman font was used in 14 point.
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`/s/ J. Christopher Fox, II
`J. Christopher Fox, II
`Georgia Bar No. 272527
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`Case 1:16-cv-02690-AT Document 127 Filed 08/09/16 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`This is to certify that I have this day served all counsel of record with a
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`copy of the within and foregoing Plaintiffs’ Opposed Motion for Leave to File
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`the Attached Sur-Reply in Opposition to BP P.L.C.’s Motion to Dismiss for Failure
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`to State a Claim and Misjoinder using the Court’s ECF filing system which will
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`automatically send a copy to all counsel of record registered to receive
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`service thereby upon the following:
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`3231696.3
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`Donald L. Jackson
`James D. Berquist
`J. Scott Davidson
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, Virginia 22102
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`William V. Custer
`Damon J. Whitaker
`Bryan Cave, LLP
`One Atlantic Center, Fourteenth Floor
`1201 W. Peachtree St., N.W.
`Atlanta, Georgia 30309
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`J. Christopher Fox, II
`/s/
`J. Christopher Fox, II
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