Farmer v. Banco Popular of North America

Filing 69

MINUTE ORDER granting in part and denying in part 67 Plaintiffs Unopposed Motion for Leave to File a Memorandum of Law in Opposition to Defendants Motion to Dismiss and in Support of Plaintiffs Motion for Leave to Amend That is Less Than or Equal to Forty-Eight Pages by Magistrate Judge Michael E. Hegarty on 12/5/2011.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01268-WYD-MEH
GEORGE FARMER (a/k/a George L. Farmer),
Plaintiff,
v.
BANCO POPULAR OF NORTH AMERICA, and
JOHN DOES 1-100,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on December 5, 2011.
Plaintiff’s Unopposed Motion for Leave to File a Memorandum of Law in Opposition to
Defendant’s Motion to Dismiss and in Support of Plaintiff’s Motion for Leave to Amend That is
Less Than or Equal to Forty-Eight Pages [filed December 2, 2011; docket #67] is granted in part
and denied in part. Pursuant to D.C. Colo. LCivR 7.1C, “a motion involving a contested issue of
law shall state under which rule or statute it is filed and be supported by a recitation of legal
authority incorporated into the motion.” Id. (emphasis added). There is nothing in the rules
permitting parties to file memoranda in support of motions.
In addition, the Court notes that after granting Defendant permission to file a 30-page motion
to dismiss, Defendant filed a 26-page motion. See docket #63. Plaintiff contends that if his
opposition to the motion is limited in length, “he might not be able to fully articulate his position,
and might miss something and therefore could be prejudiced.” However, the Court finds no good
cause for Plaintiff’s extensive page request based merely on speculation. Therefore, the Court
denies Plaintiff’s request to file a 48-page memorandum of law in opposition to the motion to
dismiss and in support of a motion for leave to amend, which the Court finds may clutter or confuse
the docket. Rather, the Court will grant Plaintiff leave to file a brief in opposition to the motion to
dismiss that is no longer than thirty-five (35) pages. To the extent Plaintiff requires more pages than
those granted by Judge Daniel’s practice standards for any motion for leave to amend, he may
request those by separate motion.