Smith et al v. Argent Mortgage Company, LLC et al

Filing 327

ORDER. The defendants Motion To Strike Statement of the Evidence orProceedings 314 filed 07/18/2008 is GRANTED. The plaintiffs Statement of the Evidence or Proceedings 311 filed 07/11/2008, is STRICKEN. The Plaintiffs Motion for Enlargement of Time To Respond To Motion To Strike Statement of the Evidence or Proceedings 322 filed 08/07/2008 2008, is DENIED by Judge Robert E. Blackburn on 02/12/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 05-cv-02364-REB-BNB THOMAS SMITH, and PAM SMITH, husband and wife, Plaintiffs, v. ARGENT MORTGAGE COMPANY, LLC., WELLS FARGO BANK, N.A., HOMEQ SERVICING CORPORATION, and HOPP & SHORE, LLC, Defendants. ORDER STRIKING PLAINTIFFS' STATEMENT OF THE EVIDENCE OR PROCEEDINGS Blackburn, J. This matter is before me on the following: (1) the defendants' Motion To Strike Statement of the Evidence or Proceedings [#314], filed July 18, 2008; and (2) the Plaintiffs' Motion for Enlargement of Time To Respond To Motion To Strike Statement of the Evidence or Proceedings [#322], filed August 7, 2008. The defendants' motion to strike concerns the Statement of the Evidence or Proceedings [#311], filed July 11, 2008, which was filed by the plaintiffs. The plaintiffs' Statement of the Evidence or Proceedings purports to present a record of the trial in this case. The plaintiffs present this record because, they claim, a "transcript of the trial is unavailable." The plaintiffs cite no factual basis for their claim that a transcript of the trial is unavailable. The plaintiffs' Statement of the Evidence or Proceedings [#311],

filed July 11, 2008, serves no valid purpose in the record of this case and is stricken. There is no need for the plaintiffs to respond to the defendants' motion and the plaintiffs' motion for enlargement of time is denied. THEREFORE, IT IS ORDERED as follows: 1. That the defendants' Motion To Strike Statement of the Evidence or Proceedings [#314] filed July 18, 2008, is GRANTED; 2. That the plaintiffs' Statement of the Evidence or Proceedings [#311] filed July 11, 2008, is STRICKEN; and 3. That the Plaintiffs' Motion for Enlargement of Time To Respond To Motion To Strike Statement of the Evidence or Proceedings [#322] filed August 7, 2008, is DENIED. Dated February 12, 2009, at Denver, Colorado. BY THE COURT:

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