Wojdacz v. Colorado Springs City Police Department et al.
Filing
102
MINUTE ORDER denying 100 Plaintiff's Opposed Motion to Strike Defendant Patrick Miller's Amended Motion to Dismiss and For Judgment on the Pleadings, by Magistrate Judge Michael E. Hegarty on 12/14/2012. (mehcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01483-REB-MEH
ELIZABETH WOJDACZ,
Plaintiff,
v.
COLORADO SPRINGS CITY POLICE DEPARTMENT,
COMMANDER BRIAN GRADY,
OFFICER JOHN IRELAND,
PATRICK MILLER,
PENROSE ST. FRANCIS HEALTHCARE,
GARY LEE NORMAN,
MICHAEL J. DUNCAN, and
CLIFF HUDSON,
Defendants.
______________________________________________________________________________
MINUTE ORDER
______________________________________________________________________________
Entered by Michael E. Hegarty, United States Magistrate Judge, on December 14, 2012.
Pending before the Court is Plaintiff’s Opposed Motion to Strike Defendant Patrick Miller’s
Amended Motion to Dismiss and For Judgment on the Pleadings [filed December 10, 2012; docket
#100]. Plaintiff’s motion asks the Court to strike Defendant Miller’s pending motion to dismiss as
untimely. The Court observes that Defendant Miller filed the pending motion less than a week after
the Court struck his original motion without prejudice for failure to comply with Judge Blackburn’s
Practice Standards. (See dockets ##88, 91.) However, pursuant to Fed. R. Civ. P. 15(a)(3) and the
Court’s authority to extend the deadline for filing a response, the Court accepts Defendant Miller’s
motion as timely filed.
Plaintiff’s motion to strike appears to arise from her intent to pursue a default judgment
against Defendant Miller. Plaintiff asserts that Defendant Miller has never filed an answer to the
Amended Complaint and that the time for such filing has expired. Plaintiff is mistaken. The docket
in this case shows that Defendant Miller filed his Answer to Amended Complaint and Jury Demand
on August 16, 2012. (Docket #25.) Therefore, Plaintiff’s Motion to Strike Defendant Patrick
Miller’s Amended Motion to Dismiss and For Judgment on the Pleadings is denied.
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