YouTuber and activist James “James Freeman” Springer suffered a setback on Thursday as District Judge Margaret I. Strickland denied his request to file a surreply to the defense’s motion to dismiss his lawsuit against New Mexico’s Seventh Judicial District.
Strickland wrote:
“ORDER by District Judge Margaret I. Strickland DENYING without prejudice 92 Plaintiff’s Opposed Expedited Motion for Leave and Extension of Time to File Surreply. Pursuant to Local Rule 7.1(a): “A motion must be in writing and state with particularity the grounds and the relief sought.” Here, Plaintiff does not state with particularity the grounds for the motion. Although Plaintiff asserts that Defendants’ 89 Reply brief “includes new factual allegations in support of the Motion to Dismiss well [sic] as provides new purported evidence in support of the Motion that Plaintiff has not had the opportunity to address[,]” he does not identify any such new factual allegations or evidence. As such, the Court cannot determine whether a surreply is appropriate, and even if it is, whether a surreply would be helpful to the Court’s disposition. See Green v. New Mexico, 420 F.3d 1189, 1197 (10th Cir. 2005) (finding that that the district court did not abuse its discretion in denying the plaintiff’s motion for leave to file a surreply because the district court did not rely on the new materials in granting the defendant’s motion for summary judgment). Accordingly, it is HEREBY ORDERED that Plaintiff’s Opposed Expedited Motion for Leave and Extension of Time to File Surreply, ECF No. 92 , is DENIED WITHOUT PREJUDICE.”
Freeman was seeking the ability to answer the defense’s recent update to its motion to dismiss the lawsuit. Judge Strickland denied Freeman’s motion as he failed to include what he needed to object to in his reply, stating it wasn’t up to her to determine what he meant to include in his filing.
Within an hour of the filing, Freeman’s lawyer, A Blair Dunn, essentially updated his previous motion by including the specific objections to the defense’s citing of multiple new videos produced by Freeman that allegedly continue his attacks on the court and witnesses in the case.
Dunn is seeking the ability to file a surreply to the motion along with a two-week extension to file his reply.
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