Brown v. Lexington-Fayette Urban County Government Department of Public Works et al
Filing
128
MEMORANDUM OPINION & ORDER: It is ordered that Dft's 127 Motion to Strike Pla's Notice of Filing is DENIED. Signed by Judge Joseph M. Hood on 12/12/2012.(SCD)cc: COR
UNITED STATES DISTRICT COURT
EASTERN DIVISION OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
PAULA B. BROWN,
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Plaintiff,
v.
LEXINGTON-FAYETTE URBAN
COUNTY GOVERNMENT, et. al.,
Defendants.
Civil Case No.
5:08-cv-500-JMH
MEMORANDUM OPINION & ORDER
***
This matter is before the Court on Defendant’s motion
objecting to Plaintiff’s notice of filing and motion to
strike the notice of filing from the record.
(D.E. 127).
Plaintiff’s notice of filing did not request any relief
from this Court.
Instead, Plaintiff simply sought to file
additional
documents
memorandum
in
alter,
vacate
or
to
support
be
of
this
considered
his
previous
Court’s
along
motion
Judgment.
with
to
(D.E.
his
amend,
124).
Therefore, Defendant’s motion to strike Plaintiff’s notice
of
filing
from
the
record
is
unnecessary,
and
will
be
denied.
To the extent that Defendant fears that Plaintiff’s
filing
will
affect
this
Court’s
Memorandum
Opinion
and
Order denying Plaintiff’s motion to amend, alter, or vacate
this Court’s Judgment (D.E. 125), the filing clearly fails
to present a clear error of law, newly discovered evidence,
an
intervening
injustice.
change
in
controlling
law,
or
manifest
GenCorp, Inc. v. American Intern. Underwriters,
178 F.3d 804, 834 (6th Cir. 1999).
Therefore, the Court’s
Memorandum Opinion and Order denying Plaintiff’s motion to
amend, alter or vacate this Court’s Judgment (D.E. 125)
remains unaffected.
Accordingly, IT IS ORDERED that Defendant’s motion to
strike Plaintiff’s notice of filing (D.E. 127) is DENIED.
This the 12th day of December, 2012.
2
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