Garrett et al v. BNC Mortgage Inc. et al

Filing 118

ORDER granting 115 Motion to Strike. Ordered that the paper filed by Deborah Alex-Saunders [Doc. #113] is STRICKEN by Magistrate Judge Boyd N. Boland on 10/09/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-03242-PAB-BNB
MICHELLE GARRETT, and
RICHARD L. GARRETT,
Plaintiffs,
v.
BNC MORTGAGE, INC.,
U.S. BANK, N.A., as Trustee for the Structured Asset Investment Loan Trust 2006-BNC3, and
WELLS FARGO HOME MORTGAGE, INC., owner of America’s Servicing Company,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on defendants U.S. Bank, N.A., and Wells Fargo Home Mortgage,
Inc.’s Motion to Strike Notice by Interested Party Deborah Alex-Saunders [Doc. #115, filed
05/27/2014] (the “Motion”). The Motion is GRANTED.
On August 26, 2014, the district judge granted defendants U.S. Bank, N.A., and Wells
Fargo Home Mortgage, Inc.’s motion for summary judgment, and he administratively closed the
case. On May 7, 2014, the plaintiffs’ proffered expert, Deborah Alex-Saunders, filed a paper
[Doc. #113] which is largely incomprehensible but appears to seek dismissal of a claim or claims
as barred by the doctrines of res judicata or collateral estoppel. Ms. Alex-Saunders is not a
party to this action and cannot move for dismissal of all or part of the action.
Moreover, Ms. Alex-Saunders’ paper contains immaterial and impertinent statements
directed at the defendants. The Federal Rules of Civil Procedure allow the Court, on its own
initiative at any time, to strike any immaterial or impertinent matter. Fed. R. Civ. P. 12(f).

Further, under the Local Rules, a verbose, redundant, ungrammatical, or unintelligible motion
may be stricken, and its filing may be grounds for imposing sanctions. D.C.COLO.LCivR 7.1(i).
IT IS ORDERED:
(1) The defendants’ Motion [Doc. # 115] is GRANTED; and
(2) The paper filed by Deborah Alex-Saunders [Doc. #113] is STRICKEN.
Dated October 9, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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