19. Plaintiff’s Unopposed Motion for Leave to File Surreply

PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO FILE SURREPLY

Plaintiff, Youras Ziankovich, respectfully moves for leave to file a surreply in opposition to Defendant’s Motion to Compel Arbitration. Plaintiff has conferred with Defendant, and Defendant does not oppose this Motion.

I. INTRODUCTION

Defendant’s Reply (ECF No. 17) introduces new arguments and new evidence that were not presented in its opening motion.

In particular, Defendant submits a supplemental declaration and advances new theories regarding contract formation and assent.

Because Plaintiff has not previously had an opportunity to respond to these new matters, a narrowly tailored surreply is appropriate to address them.

II. NEW MATTERS RAISED IN DEFENDANT’S REPLY

Defendant’s Reply includes:

1. A supplemental declaration that attempts to revise and clarify prior testimony regarding the formation of the alleged agreement;
2. New assertions that assent was required to complete account registration, which were not clearly established in Defendant’s original motion;
3. A new theory of “multiple assent,” claiming that Plaintiff agreed to the Terms of Use on subsequent occasions when initiating transfers; and
4. Additional contract materials offered after Plaintiff challenged Defendant’s failure to identify the operative agreement.

These issues were not fully presented in Defendant’s initial briefing and warrant a limited response.

III. GOOD CAUSE FOR SURREPLY

Courts in this District permit surreplies where a reply brief raises new arguments or evidence.

Here, Defendant’s Reply materially alters the factual and legal basis of its motion.

Plaintiff’s proposed surreply is narrowly focused and will address only these newly raised issues, including:

• the lack of account-specific evidence of assent;
• the conclusory nature of Defendant’s revised declaration; and
• the absence of any demonstrated link between the agreements produced and Plaintiff’s account.

The requested surreply is limited and will not prejudice Defendant.

Allowing a surreply will assist the Court in resolving the motion on a complete and balanced record.

IV. CONCLUSION

For these reasons, Plaintiff respectfully requests that the Court grant leave to file the attached surreply.

Dated at Baytown, Texas this 14th day of April 2026.

Respectfully submitted,

Youras Ziankovich, Esq.
Plaintiff Pro Se

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