Peck v. Midland Funding et al

Filing 32

MEMORANDUM DECISION granting 17 Motion to Strike 16 Response (NOT to motion). Signed by Judge Ted Stewart on 03/27/2012. (tls)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

JACKIE PECK
Plaintiff,

MEMORANDUM DECISION AND
ORDER GRANTING
DEFENDANTS’ MOTION TO
STRIKE PLAINTIFF’S RESPONSE
TO ANSWER TO AMENDED
COMPLAINT

vs.
MIDLAND FUNDING, LCC and
JOHNSON MARK, LLC

Case No. 2:11-CV-611 TS

Defendants.

This matter is before the Court on Defendants’ Motion to Strike Plaintiff’s Response to
Answer to Amended Complaint. 1 While the Court may order a reply to an answer under rule
7(a)(7), 2 it has not done so in this case. Therefore, the Court finds that Plaintiff’s filings are not
permitted pleadings. 3 Plaintiff is free to re-file any of the exhibits filed with her Response as
exhibits to another memorandum or motion.
Based on the foregoing, it is hereby

1

Docket No. 17.

2

Fed. R. Civ. P. 7(a)(7).

3

Although Defendants have only requested that the Response at Docket No. 16 be
stricken, the Court will strike the Response at Docket No. 10 on the same grounds.
1

ORDERED that Defendants’ Motion to Strike Plaintiff’s Response to Answer to
Amended Complaint (Docket No. 17) is GRANTED.
DATED March 27, 2012.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

2