New Arguments Raised for the First Time in Reply Brief Are Untimely and Disregarded
From EP Acquisition Corp. v. Maxxtrade, Inc., 2011 U.S. Dist. LEXIS 103715 (E.D. Ky. Sept. 14, 2011):
The Sixth Circuit has consistently condemned arguments raised for the first time in reply briefs. See Seay v. Tennessee Valley Authority, 339 F.3d 454, 481 (6th Cir. 2003) (new arguments in a reply brief vitiate a nonmovant's ability to respond); Wright v. Holbrook, 794 F.2d 1152, 1157 (6th Cir. 1986) ("Since defendant was deprived of an opportunity to address the issue by plaintiff's failure to raise this issue in his original brief, we will consider the issue waived."); United States v. Crozier, 259 F.3d 503, 517 (6th Cir. 2001) ("We generally will not hear issues raised for the first time in a reply brief."). To ensure a complete record in the event of appellate review, the Court will not strike portions of the reply brief and the new documents, but it will not consider them in deciding whether to vacate the Award.
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