`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`Civil Action No.12-cv-11758
`HONORABLE GERSHWIN A. DRAIN
`
`EVERLIGHT ELECTRONICS CO., LTD.,
`and EMCORE CORPORATION,
`
`Plaintiffs and
`Counter-Defendants,
`
`v.
`
`NICHIA CORPORATION, and
`NICHIA AMERICA CORPORATION,
`
`Defendants and
`Counter-plaintiffs,
`
`v.
`
`EVERLIGHT AMERICAS, INC.,
`
`Defendants.
`_________________________________/
`
`ORDER DENYING NICHIA’S MOTION FOR LEAVE TO FILE SUR-REPLY IN
`OPPOSITION TO EVERLIGHT’S MOTION TO COMPEL SUPPLEMENTAL
`RESPONSES TO INTERROGATORY NO. 8 AND REQUESTS FOR ADMISSION NOS.
`1-16 [#132] AND GRANTING EVERLIGHT’S MOTION TO STRIKE EXHIBIT A TO
`NICHIA’S MOTION FOR LEAVE TO FILE A SUR-REPLY [#136]
`
`Presently before the Court is Nichia’s Motion for Leave to File Sur-Reply in Opposition to
`
`Everlight’s Motion to Compel, filed on August 23, 2013. Also, before the Court is Everlight’s
`
`Motion to Strike Exhibit A to Nichia’s Motion for Leave to File Sur-Reply, filed on August 26,
`
`2013. Exhibit A is Nichia’s Sur-Reply in Opposition to Everlight’s Motion to Compel. Upon
`
`review of the parties’ present motions, the Court finds that Nichia has failed to demonstrate good
`
`cause for granting leave to file a Sur-Reply and Everlight has demonstrated good cause for striking
`
`Exhibit A to Nichia’s Motion for Leave to File Sur-Reply.
`
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`
`
`
`4:12-cv-11758-GAD-MKM Doc # 141 Filed 08/28/13 Pg 2 of 2 Pg ID 7323
`
`Accordingly, Nichia’s Motion for Leave to File Sur-Reply in Opposition to Everlight’s
`
`Motion to Compel [#132] is DENIED.
`
`Everlight’s Motion to Strike Exhibit A to Nichia’s Motion for Leave to File Sur-Reply
`
`[#136] is GRANTED. Exhibit A to Dkt. No. 132 is hereby STRICKEN.
`
`SO ORDERED.
`
`Dated: August 28, 2013
`
`/s/Gershwin A Drain
`GERSHWIN A. DRAIN
`UNITED STATES DISTRICT JUDGE
`
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