Smith et al v. Auto-Owners Insurance Company

Filing 113

ORDER by Magistrate Judge Stephan M. Vidmar DENYING 108 Defendant's Motion to Strike and EXTENDING Defendant's reply deadline. Defendant's replies in support of 99 Motion for Summary Judgment and 97 Motion to Exclude are due by April 4, 2017. (sg)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MELVIN SMITH and STAN FOWLER, Plaintiffs,1 v. No. 15-cv-1153 SMV/GBW AUTO-OWNERS INSURANCE COMPANY, Defendant. ORDER DENYING DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S UNTIMELY RESPONSES THIS MATTER is before the Court on Defendant’s Expedited Motion to Strike Plaintiff’s Untimely Responses [Doc. 108], filed March 17, 2017. Plaintiff responded on March 21, 2017. [Doc. 110]. Defendant filed a Notice of Completion of Briefing that same day. [Doc. 111]. Having considered the briefing and being otherwise fully advised in the premises, IT IS ORDERED, ADJUDGED, AND DECREED that Defendant’s Expedited Motion to Strike Plaintiff’s Untimely Responses [Doc. 108] is DENIED. Plaintiff’s responses [Docs. 106, 107] to Defendant’s Motion for Summary Judgment [Doc. 99] and Motion to Exclude [Doc. 97] are not “pleadings” subject to a motion to strike. See Fed. R. Civ. P. 12(f); Estate of Anderson v. Denny’s Inc., 291 F.R.D. 622, 634–35 (D.N.M. 2013). The Court will not at this time rule on Plaintiff’s Motion for Extension of Time to Respond [Doc. 112]. The Court will determine whether to consider Plaintiff’s untimely responses when it undertakes a substantive review of Defendant’s motions. 1 Judgment was entered as to Plaintiff Stan Fowler on November 2, 2016. [Doc. 84]. Melvin Smith is the sole remaining Plaintiff in this case. IT IS FURTHER ORDERED that Defendant’s reply deadline is hereby EXTENDED. Defendant’s replies in support of its Motion for Summary Judgment [Doc. 99] and Motion to Exclude [Doc. 97] are due by April 4, 2017. The Court’s consideration of Defendant’s replies will be contingent on its determination whether to consider Plaintiff’s untimely responses. IT IS SO ORDERED. _____________________________ STEPHAN M. VIDMAR United States Magistrate Judge Presiding by Consent 2

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