McArthur v. Source Gas LLC

Filing 85

MINUTE ORDER denying 83 Motion to Strike Pleading and/or Alternatively Motion to Stay, by Magistrate Judge Michael J. Watanabe on 8/16/2011.(mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No.

10-cv-02327-REB-MJW

CAMERON McARTHUR,
Plaintiff,
v.
SOURCE GAS, LLC,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion to Strike Pleading and/or
Alternatively Motion to Stay (docket no. 83) is DENIED. The decision to grant a motion
to strike rests within the sound discretion of the district judge. F.D.I.C. v. Isham, 782 F.
Supp. 524, 530 (D. Colo. 1992). Applying this standard, I find no basis to strike
Defendant’s Motion to Dismiss and for Sanctions (docket no. 73) and I further find no
basis to stay this case. This court will consider and rule on Defendant’s Motion to
Dismiss and for Sanctions (docket no. 73)[filed on August 4, 2011] once it becomes ripe
for ruling. Lastly, pursuant to D.C.COLO.LCivR 7.1 C, “... Nothing in this rule precludes
a judicial officer from ruling on a motion at any time after it is filed.”
Date: August 16, 2011