Fugate v. Zavaras et al

Filing 41

MINUTE ORDER denying 36 Defendants' Objection to Plaintiff's September 23, 2009 Answer to Motion to Dismiss, which was converted into a Motion to Strike, by Magistrate Judge Kathleen M. Tafoya on 10/16/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 09­cv-00907-ZLW-KMT GARY H. FUGATE, Plaintiff, v. KEVIN ESTEP, EMILY BOND, BRET YOUNGBLOOD, REBBECCA ADKINS, and STACY SMITH, in their individual and official capacities, Defendants. MINUTE ORDER ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA "Defendants' Objection to Plaintiff's September 23, 2009, Answer to Motion to Dismiss" (#36, filed October 9, 2009), converted into a motion to strike (#37), is DENIED. The court notes that neither the Federal Rules of Civil Procedure nor this Court's local rules of procedure provide for the filing of surreply briefs. See D.C.COLO.LCivR 7.1C. However, a party may seek leave of court to file a surreply brief. In the interests of justice, the court shall allow Plaintiff's September 23, 2009 "Answer to Motion to Dismiss" (#30) as a surreply brief. Defendants may file a surresponse no later than October 26, 2009. NO FURTHER BRIEFING WILL BE GRANTED ON THIS MOTION. In the future, Plaintiff shall file a motion seeking leave of court to file a surreply. Dated: October 16, 2009