Rocha v. Zavaras et al

Filing 135

MINUTE ORDER denying 133 Plaintiff's Second Motion to Strike, by Magistrate Judge Michael E. Hegarty on 11/16/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-00357-CMA-MEH
MARCO A. ROCHA,
Plaintiff,
v.
S. TWILLEGER, individual capacity,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on November 16, 2011.
Plaintiff’s Second Motion to Strike [filed November 15, 2011; docket #133] is denied.
Plaintiff’s Motion requests that the Court strike Defendant’s motion and briefs seeking summary
judgment; however, “the Federal Rules of Civil Procedure do not contemplate the ‘striking’ of a
motion.” Georgacarakos v. Wiley, 07-cv-01712-MSK-MEH, 2009 WL 440934, at *6 (D. Colo. Feb.
23, 2009). While Rule 12(f) permits the striking of certain pleadings, Rule 7 distinguishes
pleadings from motions and from briefs filed in support thereof. See id.