Handy v. City of Sheridan et al

Filing 175

MINUTE ORDER denying 170 Motion to Strike by Judge Wiley Y. Daniel on 01/17/14.(jjhsl, )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01015-WYD-KMT WYATT T. HANDY, JR., Plaintiff, v. CITY OF SHERIDAN; DET. KRISTINE BRYANT; in her individual and official capacity, and, OFF. MIKE MONTOYA, in his individual and official capacity, Defendants. MINUTE ORDER ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL THIS MATTER is before the Court on pro se plaintiff, Wyatt T. Handy, Jr.’s Motion For Court To Strike Defendants’ Motions For Summary Judgment For Violating The Court’s Practice Standards [ECF No. 170]. Handy argues that the defendants violated my PRACTICE STANDARDS by collectively filing more than one motion for summary judgment and requests that I strike the motions [ECF Nos. 109 – 111] from the record. Pursuant to Rule III(B)(1) of my PRACTICE STANDARDS, “[t]hese procedures contemplate the filing of a single motion for summary judgment by a party. A party may NOT file multiple motions for summary judgment without obtaining permission from the Court. Such permission will only be given in exceptional circumstances.” Here, each defendant filed a single motion for summary judgment. See ECF Nos. 109 – 111. Thus, the defendants complied with my PRACTICE STANDARDS with regard to filing a motion for summary judgment and the fact that three motions for summary judgment are pending is of no consequence. Therefore, it is ORDERED that Handy’s motion [ECF No. 170] is DENIED. Dated: January 17, 2014.

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