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conclusion); see also, Schroeder v. St. Louis County, 708 N.W.2d 497, 507 (Minn. 2006). <br />However, the nonmoving party must present evidence beyond that which creates a mere <br />metaphysical doubt about an essential element of the case. DLH, Inc., 566 N.W.2d at 71. “A self- <br />serving affidavit that contradicts other testimony is not sufficient to create a genuine issue of <br />material fact.” Risdall v. Brown-Wilbert, Inc., 759 N.W.2d 67, 72 (Minn. 2009) (citing Barbury v. <br />Omnitrition Int’l, Inc., 533 N.W.2d 876, 881 (Minn. Ct. App. 1995)). <br />A. The Record. <br /> <br />Defendants object to Plaintiffs’ affidavits filed in support of their summary judgment <br />motion on August 23, 2016. Plaintiffs argue the additional affidavits were in response to an <br />argument not previously raised. The affidavits were filed untimely, and the Court will not consider <br />them. <br />A motion for summary judgment under Minnesota Rule of Civil Procedure 56.02 is <br />conducted in accordance with Minnesota General Rule of Practice 115.03. Rule 115.03 requires a <br />party to serve “[a]ny affidavits and exhibits to be submitted in conjunction with the motion” at <br />least 28 days prior to the hearing. Minn. Gen. R Prac. 115.03(a)(3). Parties are allowed to file a <br />reply memorandum, including additional affidavits in some limited circumstances, if the <br />responsive memorandum raises issues not raised in the moving party’s original memorandum. Id. <br />at (c); Bradley v. First Nat’l Bank of Walker, N.A., 711 N.W.2d 121, 128 (Minn. Ct. App. 2006); <br />Mortensen v. Swanson, No. A12-1314, 2013 WL 869940, at *2 (Minn. Ct. App. March 11, 2013) <br />(unpublished). That is not the case here. <br />Plaintiffs’ summary judgment motion was based in part on the allegation in the Complaint <br />that Aeon complied with the requirements of subdivision 6 when it asserted its right of first refusal. <br />Defendants have always denied that Aeon complied with subdivision 6. It was Plaintiffs’ burden <br />47