Slavens v. Millard County et al

Filing 53

MEMORANDUM DECISION granting 47 Motion to Strike 45 Reply Memorandum/Reply to Response to Motion. Signed by Magistrate Judge Evelyn J. Furse on 06/06/2013. (asp)

________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
MELANIE SLAVENS,
Plaintiff,

MEMORANDUM DECISION AND
ORDER GRANTING MOTION TO
STRIKE (ECF No. 47)

vs.
Case No. 2:11-cv-568-EJF
MILLARD COUNTY, et al.,
Magistrate Judge Evelyn J. Furse
Defendants.

Plaintiff moved to strike the portions of the Reply Memorandum in Support of Defendants’
Motion to Amend Scheduling Order (ECF No. 45). (ECF No. 47.) In the Reply Memorandum
Defendants assert that Mr. Slavens did not attend the closed session of the July 6, 2010 Millard County
Commission Meeting and make a variety of arguments concerning scheduling based on this assertion.
(ECF No. 45 at 2.) Plaintiff contends Defendants have misrepresented this fact, and therefore moves to
strike references to it. (ECF No. 47 at 3-4.) Plaintiff previously submitted to the Court Defendants’
responses to requests for admissions. (ECF No. 42-1 at 12.) In those responses, Defendants admit as
follows: “Plaintiff was allowed to address the issues presented by the Commissioners during the closed
session of the July 6, 2010 Commission meeting.” (ECF No. 42-1 at 17.) This admission belies the
assertion in the Reply brief. For that reason, the Court GRANTS Plaintiff’s Motion. (ECF No. 47.)
DATED: June 6th, 2013
BY THE COURT

Honorable Evelyn J. Furse
U.S. Magistrate Judge