EFCO Corporation v. Western Surety Company, et al.,

Filing 70

ORDER Striking Without Prejudice 48 Motion for Summary Judgment; striking 49 Motion for Summary Judgment; striking 50 Motion for Summary Judgment; striking 51 Motion for Summary Judgment; striking 68 Motion for Summary Judgment; stri king 69 Motion for Summary Judgment. Plaintiff is granted leave to refile a single motion for summary judgment in compliance with both this Districts Local Rule D.C.COLO.LCivR 10.1E, and also with WJM Revised Practice Standard III.E, on or before November 26, 2013, by Judge William J. Martinez on 11/12/2013.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 12-cv-2934-WJM-MEH
UNITED STATES OF AMERICA for the use of EFCO CORPORATION,
Plaintiff,
v.
WESTERN SURETY COMPANY, a South Dakota corporation,
TOWER I CONSTRUCTION COMPANY, a Colorado corporation,
COLORADO COMMERCIAL GLASS, INC., a Colorado corporation, and
GREGORY J. EVANS

Defendants.

ORDER STRIKING PLAINTIFF’S MOTIONS FOR SUMMARY JUDGMENT

This matter comes before the Court sua sponte on Plaintiff’s six motions for
summary judgment (ECF Nos. 48, 49, 50, 51, 68, and 69). For the following reasons
the Motions are each hereby STRICKEN without prejudice.
All six of Plaintiff’s Motions for Summary Judgment fail to comply with this
District’s Local Rule D.C.COLO.LCivR 10.1E in that all of the Motions are singlespaced.1 Furthermore, Plaintiff’s Motions for Summary Judgment, taken together,
violate WJM Revised Practice Standard III.E, which specifically states that “each party
shall be limited to the filing of a single motion for summary judgment. . .” (emphasis
added).
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D.COLO.L.CivR 10.1E states “All papers shall be double-spaced.”

For the foregoing reasons each of the Plaintiff’s Motions for Summary Judgement
(ECF Nos. 48, 49, 50, 51, 68, and 69) are STRICKEN WITHOUT PREJUDICE. Plaintiff
is granted leave to refile a single motion for summary judgment in compliance with both
this District’s Local Rule D.C.COLO.LCivR 10.1E, and also with WJM Revised Practice
Standard III.E, on or before November 26, 2013.
Dated this 12th day of November, 2013.
BY THE COURT:

__________________________
William J. Martínez
United States District Judge

2