Massey v. Ojaniit et al

Filing 39

ORDER re: 28 Motion to Strike. Plaintiff to file replay brief or a notice of withdrawal on or before 4/16/12. Signed by Magistrate Judge David Keesler on 4/6/12. (com)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11-CV-477-RJC-DCK
SHAWN MASSEY,

)
)
Plaintiff,
)
)
v.
)
)
CHARLOTTE-MECKLENBURG POLICE
)
OFFICER J.J. OJANIIT; CHARLOTTE)
MECKLENBURG POLICE OFFICER
)
GERALD J. ESPOSITO; CHARLOTTE)
MECKLENBURG POLICE OFFICER TOM
)
G. LEDFORD; and CHARLOTTE)
MECKLENBURG POLICE OFFICERS JOHN )
and JANE DOES ##1-10, in their individual
)
capacities,
)
)
Defendants.
)
__________________________________________)

ORDER

THIS MATTER IS BEFORE THE COURT sua sponte regarding Plaintiff’s “Motion To
Strike Defendants’ Exhibits or, In the Alternative, to Convert Defendants’ Motions for Judgment
on the Pleadings Into Motions for Summary Judgment, and Grant Plaintiff Discovery Prior To
Ruling” (Document No. 28) filed January 31, 2012. This motion has been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate.
Defendants have each filed timely responses “...In Opposition To Plaintiff’s Motion To
Strike” (Document Nos. 33, 35, and 37). Plaintiff, however, has not filed a reply brief in support
of his motion, or notice of intent not to reply, and the time to do so has lapsed. See Local Rule 7.1
(E). The undersigned finds that the Court’s consideration of this matter is likely to be assisted by
a reply brief addressing Defendants’ responses to Plaintiff’s motion.
IT IS, THEREFORE, ORDERED that Plaintiff shall file a reply brief in support of his

“Motion To Strike Defendants’ Exhibits or, In the Alternative, to Convert Defendants’ Motions for
Judgment on the Pleadings Into Motions for Summary Judgment, and Grant Plaintiff Discovery
Prior To Ruling” (Document No. 28), or a notice of withdrawal of this pending motion, on or before
April 16, 2012.
SO ORDERED.

Signed: April 6, 2012

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