Milner v. Mares et al

Filing 21

ORDER SETTING HEARING AND TO SHOW CAUSE by District Judge Kenneth J. Gonzales. Hearing on 6 Defendants' Motion to Dismiss for Failure to State a Claim and to show cause why the Court should not strike the excess pages of their pleadings for violating Local Rule 7.5 set for 10/12/2017 at 10:00 AM in Las Cruces - 420 Mimbres Courtroom (North Tower) before District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MARK MILNER, et al.,
Plaintiffs,
vs.

Civ. No. 17-254 KG/LF
Consolidated with
Civ. No. 17-255 KG/LF;
Civ. No. 17-256 KG/LF; and
Civ. No. 17-257 KG/LF

VINCENT MARES, Executive Director,
New Mexico Racing Commission;
DAVID KEITER, Steward,
New Mexico Racing Commission,
Defendants.
ORDER SETTING HEARING AND TO SHOW CAUSE
THIS MATTER is before the Court on Defendants 29-page Motion to Dismiss for Failure
to State a Claim, filed March 2, 2017. (Doc. 6). Plaintiff Mark Milner filed a response on April
30, 2017. (Doc. 15). On May 15, 2017, Defendants filed a 15-page Reply to Plaintiff’s Response
to Defendants’ Motion to Dismiss for Failure to State a Claim. (Doc. 16). Both of Defendants’
pleadings exceed the page limits set forth in Local Rule 7.5 (length of a motion…must not exceed
twenty-seven (27) double-spaced pages…. A reply brief must not exceed twelve (12)
double-spaced pages.).
IT IS ORDERED that counsel appear in person at the United States Courthouse, 4th Floor
Mimbres Courtroom, 100 N. Church Street, Las Cruces, New Mexico, on October 12, 2017, at
10:00 AM to argue the merits of the Motion to Dismiss for Failure to State a Claim. Defendants’
attorneys must also explain why the Court should not strike the excess pages of their pleadings for

violating Local Rule 7.5.

___________________________________
UNITED STATES DISTRICT JUDGE

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