UDDOH v. SELECTIVE INSURANCE COMPANY OF AMERICA et al

Filing 236

OPINION & ORDER striking 231 Motion for Protective Order from the docket. Signed by Judge Stanley R. Chesler on 2/22/2018. (JB, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
HUMPHREY O. UDDOH,
:
:
Plaintiff, :
:
v.
:
:
:
SELECTIVE INSURANCE COMPANY
OF AMERICA et al.,
:
:
Defendants. :
:

Civil Action No. 13-2719 (SRC)

OPINION & ORDER

CHESLER, District Judge
This matter comes before the Court following two filings in this case: 1) the motion
(called a “motion for a protective order”) filed by Plaintiff Humphrey O. Uddoh (“Uddoh”) on
February 8, 2018; and 2) the letter filed by Defendant Selective Insurance Company of America
(“Selective”) on February 20, 2018, objecting to Plaintiff’s motion. For the reasons stated
below, Plaintiff’s motion shall be stricken from the docket.
These filings follow the completion of briefing of Selective’s motion for summary
judgment, and Uddoh’s cross-motion for summary judgment. Selective filed its reply brief on
January 9, 2018. Roughly one month later, Uddoh filed the instant motion, seeking to strike both
one of Selective’s expert reports, and Selective’s motion for summary judgment itself. Selective
then filed the instant letter, objecting to Plaintiff’s February 8 motion as procedurally improper.
This Court has reviewed Uddoh’s motion papers and agrees with Selective that this
motion is procedurally improper. All of the contentions that Plaintiff has submitted should have
been included in his opposition to Selective’s motion for summary judgment. To the extent that

they were included in his opposition to the original motion, they will be considered. Any
arguments regarding Selective’s motion that were newly made in Uddoh’s February submission
will not be considered. Plaintiff had the opportunity to oppose Selective’s motion, and he made
use of that opportunity by filing a cross-motion. His subsequently filed motion is procedurally
improper and will be stricken from the record.
For these reasons,
IT IS on this 22nd day of February, 2018, hereby
ORDERED that Plaintiff’s motion for a protective order (Docket Entry No. 231) shall be
stricken from the docket.
s/ Stanley R. Chesler
Stanley R. Chesler, U.S.D.J

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