Molloy v. CHICO'S FAS, INC.

Filing 29

MINUTE ORDER granting 27 Defendants Motion to Strike Plaintiffs Newly Amended Complaint Attached to Reply. IT IS FURTHER ORDERED that the version of Plaintiffs First Amended Complaint and Jury Demand [26-1] attached to Plaintiffs Reply in support of its Motion for Leave to Amend Pleadings is STRICKEN, by Magistrate Judge Kristen L. Mix on 3/7/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02478-WJM-KLM
MICHELLE MOLLOY, and unnamed plaintiffs,
Plaintiff,
v.
CHICO’S FAS, INC.,
Defendant.
______________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion to Strike Plaintiff’s Newly
Amended Complaint Attached to Reply [#27]1 (the “Motion”). Plaintiff has not filed a
response.2 In the Motion, Defendant asks the Court to strike the version of Plaintiff’s First
Amended Complaint and Jury Demand [#26-1] attached to Plaintiff’s Reply in support of
its Motion for Leave to Amend Pleadings [#23] (the “Motion to Amend”).
Plaintiff attached the initial version of her First Amended Complaint and Jury
Demand [#23-1] to her Motion to Amend [#23]. Plaintiff filed the second version of her First
Amended Complaint and Jury Demand in response to arguments raised by Defendant in
its response to the Motion to Amend. “The court does not ordinarily review issues raised
for the first time in a reply brief.” Stump v. Gates, 211 F.3d 527, 533 (10th Cir. 2000)
(citation omitted). The reason for this is clear. By waiting until she filed her Reply to add
three new paragraphs to her proposed amended complaint, Plaintiff eliminated Defendant’s
opportunity to respond to the newly added portions of the proposed amended complaint.
Such a tactic contravenes the purposes of the briefing procedures included in the Federal
Rules of Civil Procedure and the Local Rules of this Court. Accordingly,
IT IS HEREBY ORDERED that the Motion [#27] is GRANTED.

1

“[#27]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). The Court uses this convention throughout this Minute Order.
2

The Court may rule on a pending motion at any time. D.C.COLO.LCivR 7.1(d).

1

IT IS FURTHER ORDERED that the version of Plaintiff’s First Amended Complaint
and Jury Demand [#26-1] attached to Plaintiff’s Reply in support of its Motion for Leave to
Amend Pleadings is STRICKEN.
If Plaintiff wishes to withdraw her Motion to Amend and file a new motion pursuant
to Fed. R. Civ. P. 15 attaching a proposed amended complaint different from the version
Plaintiff sought the Court to accept through her Motion to Amend, Plaintiff must file a motion
to that effect.
Dated: March 7, 2014

2