Bell et al v. Washington

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TYRONE BELL,
Plaintiff,
v.
HEIDI WASHINGTON, et al.,
Defendants.
Case No. 21-cv-10705
Honorable Shalina D. Kumar
Magistrate Judge Elizabeth A. Stafford
ORDER GRANTING DEFENDANTS’ MOTION TO STRIKE
PLAINTIFF’S SUR-REPLY
(ECF NO. 324)
Plaintiff Tyrone Bell, proceeding pro se, filed a sur-reply to
defendants’ motion for summary judgment. ECF No. 324. Defendants
move to strike the sur-reply. ECF No. 325. The general rule is that a non-
moving party has no right to respond to a reply brief, and thus the
applicable local rule does not allow for a sur-reply. 	Scottsdale Ins. Co. v.
Flowers, 513 F.3d 546, 553 (6th Cir. 2008); E.D. Mich. LR 7.1. Because
the moving party is entitled to the last word on the matter, sur-replies are
highly disfavored when the moving “party’s reply did not raise any new
legal arguments or introduce new evidence.” 	Liberty Legal Found. v. Nat’l
Democratic Party of the USA, Inc., 875 F. Supp. 2d 791, 797 (W.D. Tenn.
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2012). Thus, the party wishing to file a sur-reply must file a motion for
leave that sets forth “good cause.” 	NCMIC Ins. Co. v. Smith, 375 F. Supp.
3d 831, 835 (S.D. Ohio 2019)
Here, Bell has filed no motion for leave and has not shown good
cause for filing a sur-reply. As such, the Court GRANTS defendants’
motion to strike (ECF No. 325) and ORDERS that Bell’s sur-reply be
STRICKEN (ECF No. 324).
s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge
Dated: October 20, 2025
NOTICE TO PARTIES ABOUT OBJECTIONS
Within 14 days of being served with this order, any party may file
objections with the assigned district judge. Fed. R. Civ. P. 72(a). The
district judge may sustain an objection only if the order is clearly erroneous
or contrary to law. 28 U.S.C. § 636. 	“When an objection is filed to a
magistrate judge’s ruling on a non-dispositive motion, the ruling
remains in full force and effect unless and until it is stayed by the
magistrate judge or a district judge.” 	E.D. Mich. LR 72.2.
CERTIFICATE OF SERVICE
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The undersigned certifies that this document was served on counsel
of record and any unrepresented parties via the Court’s ECF System to
their email or First Class U.S. mail addresses disclosed on the Notice of
Electronic Filing on October 20, 2025.
s/Davon Allen
DAVON ALLEN
Case Manager
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