1 2 3 4 5 6 7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE DISTRICT OF ARIZONA
9 10 11 12 13 14 15
Albert DeLeon,
) ) Plaintiff, ) ) vs. ) ) Dora Schriro, et al., ) ) Defendants. ) ______________________________)
CV 04-0446-PHX-PGR (MS)
ORDER
Pending before the Court is Defendants' Response and Motion to Strike Plaintiff's
16
Emergency Motion Requesting to Add Final Exhibits to his Emergency Motion Dated
17
2/24/06 (Doc. # 212). Defendants request that this Court vacate its March 9, 2006
18
Order (Doc. # 211) and strike Plaintiff's Second Emergency Motion pursuant to FED. R.
19
CIV. P. 12(f).
20
Defendants argue that because all discovery was submitted to Plaintiff by
21
December 15, 2005, and because Plaintiff's Response to Defendants' Motion for
22
Summary Judgment was filed on January 30, 2006, there is no reason why those
23
documents could not have been submitted on that date. While Defendants are correct
24
that Plaintiff must have had those items in his possession when he submitted his
25
Response on January 30, 2006, Plaintiff did aver to the Court that he had misplaced
26
some of his documents and wanted to submit them for consideration by the Court after
27
locating them. Defendants further argue that the Court should strike Plaintiff's additional
28
submitted documents because they are immaterial to the issues before the Court on
Case 2:04-cv-00446-JAT Document 213 Filed 03/15/2006 Page 1 of 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
summary judgment. The Court, when considering Defendants' motion for summary judgment, will be able to identify the germane documents submitted to the Court and will not vacate its previous Order. That said, Defendants correctly note that Plaintiff's motion does contain additional argument, which constitutes a sur-reply not permitted by the Federal or Local Rules. As a result, the Court will strike the additional argument found in Plaintiff's Emergency Motion (Doc. # 210). Accordingly, IT IS ORDERED THAT Defendants' Motion to Strike Plaintiff's Emergency Motion is GRANTED in part and DENIED in part. The Clerk shall strike the additional argument found on pages 1-3 of Plaintiff's Emergency Motion Requesting to Add Final Exhibits to his Emergency Motion Dated 2/24/06 (Doc. # 210). IT IS FURTHER ORDERED that the attachments to Doc. # 210 are NOT STRICKEN and are hereby supplemented to Plaintiff's Response to Defendants' Motion for Summary Judgment (Doc. # 200), subject to rulings on relevancy and/or materiality when the Court considers Defendants' Motion for Summary Judgment. IT IS FURTHER ORDERED that Plaintiff shall not offer any further supplements in connection with the pending summary judgment proceedings. DATED this 14th day of March, 2006.
Case 2:04-cv-00446-JAT
2 Document 213
Filed 03/15/2006
Page 2 of 2