Liyokho v. Colorado Technical University

Filing 51

MINUTE ORDER granting 49 Defendant's Motion to Strike Plaintiff's 'Response to Defendants [sic] Answers to the First Ammended [sic] Complaint'. Accordingly, "Plaintiff [sic] Response to Defendants [sic] Answers to the First Ammended [sic] Complaint by the Plaintiff" (Doc. No. 48 ) is STRICKEN. By Magistrate Judge Kathleen M. Tafoya on 4/17/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–02332–MSK–KMT

MODESTAR LIYOKHO,
Plaintiff,
v.
COLORADO TECHNICAL UNIVERSITY (PUEBLO CAMPUS),
Defendant.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
“Defendant’s Motion to Strike Plaintiff’s ‘Response to Defendants [sic] Answers to the First
Ammended [sic] Complaint’” (Doc. No. 49, filed Apr. 16, 2013) is GRANTED. Pursuant to
Fed. R. Civ. P. 7(a), the only permissible pleadings in a civil action are “(1) a complaint; (2) an
answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an
answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.” Defendants have not asserted any
counterclaims in their Answer. (See Doc. No. 46, filed Mar. 8, 2013.) As such, absent a court
order, a reply to Defendant’s Answer is not a permissible pleading. Accordingly, “Plaintiff [sic]
Response to Defendants [sic] Answers to the First Ammended [sic] Complaint by the Plaintiff”
(Doc. No. 48) is STRICKEN.
Dated: April 17, 2013