Adams v. United States

Filing 54

ORDER. Plaintiff's 53 Response to Defendants['] Reply in Support of Motion for Summary Judgment is stricken. Briefing on the pending 23 , 47 Motions for Summary Judgment is closed. The court will not accept and may strike any further briefs on these Motions. By Magistrate Judge Craig B. Shaffer on 3/4/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01076-PAB-CBS
ERIC ADAMS,
Plaintiff,
v.
OFFICER FOCHEE, and
OFFICER A. ESPINOSA,
Defendants.
___________________________________________________________________________________
ORDER
___________________________________________________________________________________
Magistrate Judge Craig B. Shaffer
This civil action comes before the court on “Plaintiff[‘s] Response to Defendants[‘] Reply in Support
of Motion for Summary Judgment,” filed by Mr. Adams on March 4, 2013. (See Doc. # 53). Pursuant to the
Order Referring Case dated September 13, 2012 (Doc. # 15) and the memoranda dated November 5, 2012
(Doc. # 24), November 20, 2012 (Doc. # 29), and January 30, 2013 (Doc. # 48), all pending motions have
been referred to the Magistrate Judge.
Mr. Adams’s 18-page submission constitutes a surreply to Defendants’ Reply to their Motion for
Summary Judgment. (See Docs. # 47, # 52). First, the Local Rules of Practice of the United States District
Court for the District of Colorado do not provide for the filing of surreplies. See D.C. COLO. LCivR 7.1C.
Second, Mr. Adams has already submitted a Motion for Summary Judgment and two Responses to
Defendants’ Motion for Summary Judgment. (See Docs. # 23, # 50, # 51). The court is not required to
accept any further briefing on the pending Motions for Summary Judgment. The Motions are fully briefed
and the court will issue a Recommendation in due course.
Accordingly, IT IS ORDERED that “Plaintiff Response to Defendants[‘] Reply in Support of Motion
for Summary Judgment” filed by Mr. Adams on March 4, 2013 (Doc. # 53) is STRICKEN. Briefing on the
pending Motions for Summary Judgment (Docs. # 23 and # 47) is CLOSED. The court will not accept and
may strike any further briefs on these Motions.
DATED at Denver, Colorado, this 4th day of March, 2013.
BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge
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