Coleman v. American Home Mortgage Servicing, Inc. et al

Filing 24

ORDER denying Coleman's 23 Motion to Strike. Signed by Judge David G Campbell on 2/4/10.(LAD)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA LaShauna Coleman, Plaintiff, v. American Home Mortgage Servicing, Inc., et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. CV 09-2692 PHX DGC

ORDER

Defendants American Home Mortgage Servicing, Inc., Sand Canyon Corporation, Option One Mortgage Corporation, and individually named employees of those Defendants have filed a motion to dismiss. Dkt. #16. Plaintiff LaShauna Coleman has filed a motion to strike Defendants' motion to dismiss on four grounds: (1) Defendants' motion does not comply with Federal Rule of Civil Procedure 8(a)(d)(1); (2) Defendants' motion does not comply with Federal Rule of Civil Procedure 10(b); (3) Defendants' attorney has not complied with Arizona Rule of Civil Procedure 5.1; and (4) Defendants have not complied with Federal Rule of Civil Procedure 7.1. Coleman has not identified any statute or rule authorizing her motion to strike as required by Rule 7.2 of the Court's Local Rules of Civil Procedure. See LRCiv 7.2(m)(2). Moreover, as to her first and second arguments, Defendants' motion to dismiss is not a "pleading" as contemplated by the Federal Rules. Rule 8(a)(d)(1) and Rule 10(b) do not apply. As to her third argument, Coleman states that she relies on "Fed. R. Civ. Proc. Rather, it is a motion to which

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5.1(a)(1)," but she quotes "Ariz. R. Civ. P. 5.1(a)(1)." Dkt. #23 at 2. Arizona Rules of Civil Procedure are not used by this Court. This is a federal court where the Federal Rules of Civil Procedure apply. As to her final argument, Coleman cites no authority showing that this Court may strike Defendants' motion to dismiss based on a failure to comply with Federal Rule of Civil Procedure 7.1. IT IS ORDERED that Coleman's motion to strike (Dkt. #23) is denied. DATED this 4th day of February, 2010.

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