Bacote et al v. Federal Bureau of Prisons et al

Filing 110

ORDER re 108 : on or before October 25, 2013, Defendant file a sur-reply limited to addressing the factual allegations contained in the Declarations, by Judge Richard P. Matsch on 10/16/2013. (rpmcd )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01570-RPM HAROLD CUNNINGHAM, CARLTON DUNBAR, JOHN W. NARDUCCI, JR., JEREMY PINSON, JOHN J. POWERS, ERNEST NORMAN SHAIFER, and MARCELLUS WASHINGTON, Each individually and on behalf of all others similarly situated, and CENTER FOR LEGAL ADVOCACY, d.b.a. The Legal Center for People with Disabilities and Older People, Plaintiffs, v. FEDERAL BUREAU OF PRISONS, Defendant. __________________________________________________________________________ ORDER ON REQUEST THAT DEFENDANT BE PERMITTED TO FILE SURREPLY __________________________________________________________________________ The issue of whether the Center for Legal Advocacy (“CLA”) has associational standing in this action is currently before the Court in the form of a Motion for Partial Summary Judgment. Plaintiffs submitted their Reply on October 15, and included Declarations of CLA employees along with it. Defendant does not object to the submission of the Declarations, but requests an opportunity to determine whether the facts contained in the Declarations are material to a contested issue and/or are genuinely disputed. Accordingly, it is, ORDERED that, on or before October 25, 2013, Defendant file a sur-reply limited to addressing the factual allegations contained in the Declarations. Dated: October 16, 2013 BY THE COURT: s/Richard P. Matsch _________________ Richard P. Matsch Senior District Judge

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