Staake v. Barrela et al

Filing 88

ORDER by Magistrate Judge William P. Lynch finding as moot 60 and 61 and granting 79 . (ph)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MARK STAAKE,
Plaintiff,
v.

15cv715 MCA/WPL

FNU BARRELA, et al.,
Defendants.
ORDER
This order resolves three non-dispositive motions. The first is Plaintiff Mark Staake’s
motion for an extension of time to respond to the Martinez Report. (Doc. 60.) My Order to
Submit a Martinez Report required Staake to “file his response or objections to the report no later
than December 16, 2016.” (Doc. 53 at 2 (emphasis omitted).) Staake timely filed the motion for
extension on December 15, 2016, but then also timely filed his response to the report on
December 15, 2016. (Docs. 60, 62.) The motion is denied as moot because Staake timely filed
his response.
The second motion is Staake’s Motion for Leave to File an Amended Complaint. (Doc.
61.) The motion is denied as moot. Though Staake violated District of New Mexico Local Rule
15.1 by failing to attach a copy of the proposed amended complaint to the motion, he later
remedied his error by submitting a Motion for Leave to File an Amended, Supplemental
Complaint, which includes a proposed amended complaint. (See Doc. 72 at 3-27.) I am
simultaneously entering a proposed findings and recommended disposition that address this
motion.

The third motion is Defendants’ Motion for Leave to File a Surreply in Response to the
Plaintiff’s Motion for Leave to File a Supplemental Complaint. (Doc. 79.) Defendants seek to
address new arguments and evidence Staake submitted with his reply to his Motion for Leave to
File an Amended, Supplemental Complaint. (See Docs. 76, 77.) Defendants’ motion is granted.
Defendants have already submitted their surreply, however, so no further action is required. (See
Doc. 82 (“Defendants’ Surreply in Response to Plaintiff’s Motion for Leave to File a
Supplemental Complaint (Doc. 72)”).)
IT IS SO ORDERED.
__________________________
William P. Lynch
United States Magistrate Judge

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