United States of America v. MacAlpine

Filing 13

ORDER denying 11 Motion to Accept Over Length Opposition to Summary Judgment and Motion to Dismiss; striking Deft's 12 Objection to Summary Judgment and a Motion to Dismiss with Prejudice; and Deft has 14 days from entry of this Order to file brief not exceeding 25 pages, in response to Govs Motion for Summary Judgment. Signed by District Judge Martin Reidinger on 11/1/13. (Pro se litigant served by US Mail.)(ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00053-MR-DLH

UNITED STATES OF AMERICA,

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Plaintiff,
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vs.
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JAMES E. MacALPINE,
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Defendant.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’s “Motion to
Accept Over Length Opposition to Summary Judgment and a Motion to
Dismiss with Prejudice” [Doc. 11] and the Defendant’s “Objection to
Summary Judgment and a Motion to Dismiss with Prejudice” [Doc. 12].
The Defendant, who is proceeding in this matter pro se, seeks leave
to file a brief in excess of the 25-page limit set forth in the Pretrial Order
and Case Management Plan. [Doc. 11].
The brief filed in support of the Government’s Motion for Summary
Judgment is five pages long and addresses only one issue, i.e., whether
the Government is entitled to a judgment as a matter of law on its tax

assessments against the Defendant. The Defendant has filed a 58-page
brief in opposition to the Government’s Motion. [Doc. 12]. Included in the
Defendant’s response is a motion to dismiss the Government’s Complaint
on grounds not addressed in the Government’s Motion. [Id.].
Local Civil Rule 7.1(C)(2) prohibits the inclusion of motions within
responsive briefs and requires each motion to be set forth in a separate
pleading. The Defendant’s proposed brief does not comply with this Rule.
Accordingly, the Defendant’s brief will be stricken, and he will be required
to file a new brief which complies with the limitations set forth in the Pretrial
Order and Case Management Plan and the Court’s Local Rules.
IT IS, THEREFORE, ORDERED as follows:
(1)

The Defendant’s “Motion to Accept Over Length Opposition to
Summary Judgment and a Motion to Dismiss with Prejudice” is
DENIED;

(2)

The Defendant’s “Objection to Summary Judgment and a
Motion to Dismiss with Prejudice” [Doc. 12] is STRICKEN as
being in violation of the 25-page limit and Local Civil Rule
7.1(C)(2); and
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(3)

The Defendant shall have fourteen (14) days from the entry of
this Order to file a brief in response to the Government’s Motion
for Summary Judgment that does not exceed 25 pages in
length. Such brief shall not include any motions. As required
by the Pretrial Order and Case Management Plan, such brief
shall be double-spaced and in at least 14 point type.

IT IS SO ORDERED.
Signed: November 1, 2013

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