Ruston v. Church of Jesus Christ of Latter Day Saints et al

Filing 34

ORDER granting 22 Motion to Strike 21 Response (NOT to motion). Signed by Judge David Nuffer on 08/13/2007. (asp)

Ruston v. Church of Jesus Christ of Latter Day Saints et al

Doc. 34

Case 2:06-cv-00526-DB-DN

Document 34

Filed 08/13/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

LESTER JON RUSTON, Plaintiff, vs. CHURCH OF JESUS CHRIST OF LATTERDAY SAINTS, et al., Defendants. ORDER GRANTING MOTION TO STRIKE Case No: 2:06-CV-526 DB District Judge Dee Benson Magistrate Judge David Nuffer

Defendants Church of Jesus Christ of Latter-day Saints ("LDS Church"), Gordon B. Hinckley, and any other defendant sued in his or her capacity as an ecclesiastical leader of the LDS Church ("Church Defendants") have filed a Motion to Strike Plaintiff's Traverse to Defendants' Reply Brief.1 The document at issue2 is essentially a sur-reply to the Church Defendants' reply memorandum in support of their motion to dismiss in which Ruston continues to argue against dismissal of his case.3 Such a filing is not proper under the local rules without permission from the court which Ruston did not obtain.4

1

Docket no. 22, filed February 2, 2007. D o c k e t no. 21, filed January 29, 2007.

2

T h e court notes that the title of the document indicates that it is also intended to support Ruston's motion to amend h i s complaint, but the bulk of the filing deals with the motion to dismiss.
4

3

D U C iv R 7-1(b)(3).

Dockets.Justia.com

Case 2:06-cv-00526-DB-DN

Document 34

Filed 08/13/2007

Page 2 of 2

ORDER Accordingly, the Church Defendants' motion to strike is GRANTED.5 The court hereby orders that Ruston's traverse be STRICKEN.6 August 13, 2007. BY THE COURT:

_____________________________ David Nuffer U.S. Magistrate Judge

5

Docket no. 22, filed February 2, 2007. D o c k e t no. 21, filed January 29, 2007. -2 -

6