Irlanda v. Corrections Corporation of America

Filing 47

ORDER Requiring Plaintiff to File Response. ORDERED THAT Plaintiff shall file a written response no longer than 5 pages to the Defendant's request to strike the affidavit and report on or before Friday, September 7, 2012 by Chief Judge Wiley Y. Daniel on 08/30/12. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 11-cv-0016-WYD-MJW
MARK IRLANDA,
Plaintiff,
v.
CORRECTIONS CORPORATION OF AMERICA,
Defendant.

ORDER REQUIRING PLAINTIFF TO FILE RESPONSE

THIS MATTER comes before the Court on a review of the parties’ briefs on the pending
motion for summary judgment [DE-31]. In its reply brief, Defendant asks the Court to exclude
two attachments submitted in support of Plaintiff’s response to the motion for summary
judgment. Specifically, Defendant asks the Court to strike Plaintiff’s affidavit [DE 42-1, pp. 1-6]
and a July 20, 2009 inmate request form [DE 42-1, p. 7]. Defendant suggests the affidavit is a
“sham” and that Plaintiff failed to produce the report prior to the discovery cut off. The Court
must address the propriety of striking the attachments before taking up the substance of the
pending motion for summary judgment. Accordingly, it is
ORDERED THAT Plaintiff shall file a written response no longer than 5 pages to the
Defendant’s request to strike the affidavit and report on or before Friday, September 7, 2012.
Dated: August 30, 2012
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief United States District Judge