Saleh v. Federal Bureau of Prisons et al

Filing 349

MINUTE ORDER denying 347 Plaintiffs' Motion for Leave to Supplement Plaintiffs' Response to Defendant's Motion for Summary Judgment, by Magistrate Judge Kristen L. Mix on 11/19/10.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 05-cv-02467-PAB-KLM (Consolidated with Civil Action No. 06-cv-01747-PAB-KLM and 07-cv-00021-PAB-KLM) MOHAMMED SALEH, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant, and EL-SAYYID A. NOSAIR, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant, and IBRAHIM ELGABROWNY, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiffs' Motion for Leave to Supplement

Plaintiffs' Response to Defendant's Motion for Summary Judgment [Docket No. 347; Filed November 16, 2010] (the "Motion"). The Motion is opposed. Plaintiffs seek to file a seventeen-page supplement to their Response and Supplemental Response to Defendants' Motion for Summary Judgment [Docket Nos. 323 & 338]. Defendant's Motion has been fully briefed since September 2010. Moreover, the Court intends to issue a Recommendation on outstanding dispositive motions shortly. Although the Court previously provided an opportunity to Defendant to supplement its pleadings because of recent jurisprudence in this District involving identical claims, I do not find that Plaintiffs have provided sufficient grounds for supplementation on the basis of new facts. Simply, it is to be expected that the facts regarding Plaintiffs' incarceration continue to change in this case, and the Court cannot delay briefing any longer given that the trial date is fast approaching. This case must move forward. Moreover, because I do not read the relevant caselaw or Step-Down Unit Program policy as requiring step down at the moment of eligibility, I do not find any new facts in relation to Plaintiff Nosair's alleged denial of the opportunity to step down to the pre-transfer unit to be material to the pending dispositive motions. Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED. Dated: November 19, 2010

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