Shell v. Henderson et al

Filing 590

MINUTE ORDER granting 579 Plaintiff's Unopposed Motion to Strike Defendant Henderson's Declaration Re: Hession Affidavit [Doc # 433 -1] { 561 & 562 }. Mr. Henderson's Declarations (Doc. Nos. 561 and 562 ) are STRICKEN. The c ourt notes that the following documents are not motions, nor are they responsive to a motion: Doc. Nos. 532 , 542 , 555 , 558 , 560 , 566 , 569 , 570 , 581 , 586 . Thus, these documents are STRICKEN and will not be considered for any purpose. Plaintiff's 580 Unopposed Motion to Strike Henderson *Sigh* Responds to Plaintiff Doc 566 is DENIED as moot, by Magistrate Judge Kathleen M. Tafoya on 02/23/2012.(wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya

Civil Action No. 09–cv–00309-MSK-KMT
SUZANNE SHELL,
Plaintiff,
v.
AMERICAN FAMILY RIGHTS ASSOCIATION,
LEONARD HENDERSON,
FAMILIES AT RISK DEFENSE ALLIANCE,
FRANCINE RENEE CYGAN,
MARK CYGAN,
ILLINOIS FAMILY ADVOCACY COALITION,
GEORGIA FAMILY RIGHTS, INC.,
DENNIS HINGER,
NATIONAL ASSOCIATION OF FAMILY ADVOCATES,
CONNECTICUT DCF WATCH,
ANN DURAND,
BRENDA SWALLOW,
KATHY TILLEY,
RANDALL BLAIR,
LLOYD PHILLIPS,
DESERE’ CLABO aka HOWARD, and
UNKNOWN DEFENDANTS DOE 1-15,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
“Plaintiff’s Unopposed Motion to Strike Defendant Henderson’s Declaration Re: Hession
Affidavit [Doc #433-1] {561 & 562}” (Doc. No. 579, filed February 19, 2012) is GRANTED.
The Affidavits, filed by Mr. Henderson, a previously-dismissed defendant, are related to an
exhibit (Doc. No. 433-1) attached to “Plaintiff’s Motion for Reconsideration of Opinion and
Order Granting and Denying Motions to Dismiss” (Doc. No. 403), on which Judge Krieger

issued an Order (Doc. No. 460) nearly a year ago. The court will not revisit Plaintiff’s motion or
any of the attachments thereto at this time. Therefore, Mr. Henderson’s Declarations (Doc. Nos.
561 and 562) are STRICKEN.
The parties are advised that the Federal Rules of Civil Procedure and the Local Rules of the
United States District Court for the District of Colorado require that parties to civil litigation file
motions when they seek relief from the Court. Fed. R. Civ. P. 7(b)(1) (“An application to the
court for an order shall be by motion . . . .”); D.C.COLO.LCivR 7.1C. Upon a review of the
docket, the court notes that the following documents are not motions, nor are they responsive to
a motion: Doc. Nos. 532, 542, 555, 558, 560, 566, 569, 570, 581, 586. Thus, these documents
are STRICKEN and will not be considered for any purpose.
“Plaintiff’s Unopposed Motion to Strike Henderson *Sigh* Responds to Plaintiff Doc [566]”
(Doc. No. 580, filed February 19, 2012) is DENIED as moot.
Dated: February 23, 2012

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