Haskett v. Flanders et al

Filing 59

MINUTE ORDER denying 55 Motion for Leave; denying 57 Motion for Hearing/Conference. By Magistrate Judge Kristen L. Mix on 10/10/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03392-RBJ-KLM
PHILLIP DAVID HASKETT,
Plaintiff,
v.
GARY WOODROW FLANDERS,
DOMINICK LUNA, Colorado Springs Police Department Officer, in his individual and official
capacities, and
THE COLORADO SPRINGS POLICE DEPARTMENT, a Department of the City of
Colorado Springs, Colorado,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to File a Sur-Reply
to Defendant Flanders’ Reply in Support of His Combined Second Motion to Dismiss
and Motion to Strike [#55] (the “Motion for Leave”) and on Plaintiff’s Motion to Set Rule
26(f) Conference or in the Alternate [sic], Motion to Enter Proposed Scheduling
Order [#57] (the “Motion to Set”).
IT IS HEREBY ORDERED that the Motion for Leave [#55] is DENIED. Surreplies
are not contemplated by the Federal Rules of Civil Procedure or the Local Rules of
Practice, and leave to file a surreply is rarely granted. The Court is adequately advised of
the issues raised in Defendant Flanders’ Motion to Dismiss [#49] on the parties’ present
briefings.
IT IS FURTHER ORDERED that the Motion to Set [#57] is DENIED. A Scheduling
Conference will be set, if necessary, after resolution of the pending Motions to Dismiss
[#37, #49]. A Scheduling Order will be entered at the time of the Scheduling Conference.

Dated: October 10, 2014