Nieto, et al v. United States of America

Filing 32

ORDER denying Pla's 28 Motion for Oral Argument on Dfts' Motion for Judgment on the Pleadings(KMG, )

Download PDF
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 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Venustiano Nieto Beltran, et al. Plaintiffs, vs. United States of America, Defendant. ) ) ) ) ) ) ) ) ) ) No. CIV-07-1421-PHX-RCB ORDER Pending before the court is plaintiffs' Motion for Oral Argument on Defendant's Motion to Judgment on the Pleadings (doc. 28). Having considered that Motion, as well as the defendant's Response thereto (doc. 30), the court hereby DENIES same. Denial is mandated for two reasons. First, plaintiffs did not comply with LRCiv 7.2(f), which governs requests for oral argument in this District. That Rule provides in relevant part that "a party desiring oral argument shall request it by placing `Oral Argument Requested' immediately below the title of such motion or the response to such motion." LRCiv 7.2(f) (emphasis added). Plaintiffs' response (doc. 24), filed on September 5, 2008, to defendants' motion for judgment on the pleadings does not include 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 such a request. The court will not overlook this procedural defect, especially given the fact that oral argument will not assist the court. Plaintiffs's request is in part based upon what they anticipated would be a "disadvantage" arising from the content of defendant's reply. Mot. (doc. 28) at 1. After reviewing that Defendant's reply, reply, the court sees not such "disadvantage." not surprisingly, simply refutes the arguments in plaintiffs' response. argument. That is an insufficient basis upon which to grant oral Where, as here, the legal issues are relatively straightforward and the parties have had ample opportunity to brief them, oral argument will not assist the court. Accordingly, for the reasons set forth above, the court HEREBY DENIES plaintiffs' Motion for Oral Argument on Defendants' Motion for Judgment on the Pleadings (doc. 28). DATED this 29th day of September, 2008. Copies to counsel of record -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?