Green v. Brown et al

Filing 207

MINUTE ORDER denying 204 Motion to Strike Defendant Snyder's Reply for Summary Judgment by Magistrate Judge Michael E. Hegarty on 05/09/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02669-WYD-MEH
STEVEN DOUGLAS GREEN,
Plaintiff,
v.
DARRELL SNYDER,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on May 9, 2012.
Before the Court is “Plaintiff’s Motion to Strike Defendant Snyder’s Reply for Summary
Judgement” [filed May 8, 2012; docket #204]. Plaintiff’s Motion asks the Court to strike
Defendant’s (second) Reply [docket #194] and to sanction Defendant for failure to comply with
Chief Judge Daniel’s practice standards. Plaintiff’s Motion is denied for the following reasons.
First, the Court finds that Defendant’s (second) Reply adequately complies with Chief Judge
Daniel’s practice standards. Unlike Defendant’s first reply [docket #172], the present (second)
Reply contains a section admitting or denying the disputed material “facts” set forth in Plaintiff’s
response brief. (See docket #194 at 1-4.) Plaintiff argues that Defendant’s preface to this section,
which explains Defendant’s initial failure to respond to Plaintiff’s “facts,” justifies striking the
document. However, the Court finds that Defendant’s preface is helpful to understanding
Defendant’s view of Plaintiff’s facts and does not otherwise undermine the asserted purpose of the
applicable practice standards, which is to “establish facts and to determine which facts are in
dispute.” WYD Civ. Prac. Stds. § IIIB.7.
Second, because the Court finds no cause to strike Defendant’s (second) Reply, sanctions
are not appropriate.
Finally, Plaintiff’s Motion fails to comply with Fed. R. Civ. P. 5(a)(1)(D) and D.C. Colo.
LCivR 5.1G. Rule 5(a)(1)(D) requires that a written motion filed with the Court must be served on
every party. Local Rule 5.1G requires, in pertinent part, that “[e]ach paper, other than one filed ex
parte, shall be accompanied by a certificate of service indicating the date it was served, the name
and address of the person to whom it was sent, and the manner of service.” Plaintiff’s Motion
contains a certificate of service indicating that the motion was mailed to the Court. Plaintiff is
obligated to provide service to all parties; simply mailing a document to the Court does not meet
this requirement.