Brakebill et al v. Moncier et al (TV2)

Filing 185

ORDER denying as moot 130 the Motion to Strike. Signed by Magistrate Judge C Clifford Shirley, Jr on October 6, 2014. (AYB) (Main Document 185 replaced on 10/6/2014) (ABF, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JACK F. BRAKEBILL, et al.,

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Plaintiffs,
v.
HERBERT MONCIER, ESQ., et al.,
Defendants.

No. 3:14-CV-105-TAV-CCS

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is Plaintiffs’ Motion to Strike and Not Consider Replies on Herbert
S. Moncier’s Motion to Compel, [Doc. 130]. Plaintiffs argue that the reply briefs filed by
Defendants in support of Mr. Moncier’s Motion to Compel [Doc. 103] exceed the scope
permitted under Local Rule 7.1 by raising new issues. The Plaintiffs move the Court to strike
and not consider the replies filed by Defendants.
On October 6, 2014, the Court entered an Order denying the Motion to Compel [Doc.
103] as moot. The Court issued its ruling on a procedural basis and without considering the
merits of the motion or the replies. The replies and the underlying Motion to Compel are no
longer at issue, and thus, the Court finds that the Motion to Strike is now moot. Accordingly, the
Motion to Strike [Doc. 130] is DENIED AS MOOT.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge