Solazzo v. Davis

Filing 60

ORDER granting 57 Defendant's Motion to Strike Plaintiff's Motion for Discoverable Information; denying 50 Plaintiff's Motion to Strike; Striking 54 Motion for Discoverable Information. By Magistrate Judge Boyd N. Boland on 1/26/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 14-cv-00040-REB-BNB
ANDREW SOLAZZO,
Plaintiff,
v.
KERRY BYNES, in his individual capacity, and
DOUGLAS SPENCE, in his individual capacity,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Before me are the following:
(1) Plaintiff [sic] Pro Se Motion to Strike Motions by Defendant as Redundant
[Doc. #50, filed 12/18/2014] (the “Plaintiff’s Motion to Strike”);
(2) Plaintiff’s Motion for Discoverable Information [Doc. #54, filed 01/08/2015]; and
(3) Defendants’ Motion to Strike Plaintiff’s Motion for Discoverable Information
[Doc. #57, filed 01/15/2015] (the “Defendants’ Motion to Strike”).
The plaintiff requests an order striking the defendants’ reply in support of their motion to
dismiss because it “does not assert any new defenses” and it is redundant of the motion to
dismiss. The plaintiff’s Motion to Strike is frivolous and is DENIED.
In his Motion for Discoverable Information, the plaintiff makes “disclosures” regarding
“Persons Likely to Have Discoverable Information” and provides a “Listing, Description, and
Location of Documents, Data Compilations, and Tangible Things” and a “Damages
Computation.” The plaintiff does not seek any relief. Therefore, the document is not a motion.

Moreover, a Scheduling Conference has not been set in this case, and discovery has not
commenced. To the extent the plaintiff is attempting to serve disclosures or is seeking
discovery, the document is inappropriate. The Motion for Discoverable Information is
STRICKEN.
The defendants seek an order striking the plaintiff’s Motion for Discoverable
Information. The Defendants’ Motion to Strike is GRANTED.
IT IS ORDERED:
(1) Plaintiff’s Motion to Strike [Doc. #50] is DENIED;
(2) The Motion for Discoverable Information [Doc. #54] is STRICKEN; and
(3) Defendants’ Motion to Strike [Doc. #57] is GRANTED.
Dated January 26, 2015.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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