Free Order on Motion to Strike - District Court of Arizona - Arizona

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Case 2:04-cv-00138-EHC-GEE Document 24 Filed 12/15/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Keith Robert Barden, Plaintiff, vs. Dora B. Schriro; et al., Defendants.

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No. CIV 04-0138-PHX-EHC (GEE) ORDER

Pending before the court is a motion to strike filed by the defendants (collectively, Schriro) on November 21, 2005. [doc. # 23] The plaintiff (now known as Katherine Elizabeth Barden) did not file a response. On September 9, 2005, Schriro filed a motion to dismiss. Barden filed a response on October 27, 2005, and Schriro filed a reply on October 31, 2005. Barden filed a second response, or surreply, on November 17, 2005. Schriro moves that the court strike this surreply because it is not allowed by the Local Rules. See Rules of Practice of the U.S. District Court for the District of Arizona, LRCiv 7.2. Schriro is correct. Accordingly, // // // //

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IT IS ORDERED that the motion to strike filed by the defendants on November 21, 2005, is GRANTED. [doc. # 23] The Clerk is instructed to strike the response filed by Barden on November 17, 2005. [doc. # 22] DATED this 14th day of December, 2005.