Van Ornum v. American Medical Association et al

Filing 138

MEMORANDUM DECISION AND ORDER striking 135 second response to motion to dismiss. Signed by Magistrate Judge Evelyn J. Furse on 8/19/16 (alt)

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

SANDRA CK VAN ORNUM,

MEMORANDUM DECISION AND
ORDER STRIKING SECOND RESPONSE
RE 123 REPLY TO RESPONSE TO
MOTION RE 100 MOTION TO DISMISS
(ECF NO. 135)

Plaintiff,
v.
AMERICAN MEDICAL ASSOCIATION,
et al.,

Case No. 2:14-cv-921-RJS-EJF
District Judge Robert J. Shelby

Defendants.
Magistrate Judge Evelyn J. Furse

On August 17, 2016 Plaintiff Sandra C.K. Van Ornum filed a second response to
Defendant William Goodhue’s Motion to Dismiss without first seeking leave of court. (ECF
No. 135.)
On May 13, 2016, Mr. Goodhue filed a motion to dismiss Ms. Van Ornum’s Amended
Complaint. (ECF No. 100.) Ms. Van Ornum filed her Response on June 08, 2016. (ECF No.
111.) Mr. Goodhue filed his Reply on July 18, 2016. (ECF No. 123.) On August 17, 2016, after
briefing on the motion to dismiss closed, Ms. Van Ornum filed a second response titled
“Response re 123 Reply to Response to Motion re 100 Motion to Dismiss.” (ECF No. 135.)
Civil Rule 7-1(b)(2)(A)-(B) of the Rules of Practice for the United States District Court
for the District of Utah allows for one response and one reply memoranda in opposition to a
Fed. R. Civ. P. 12(b) motion. Civil Rule 7-1(b)(2)(A)-(B) further states that “[n]o additional
memoranda will be considered without leave of court.” Ms. Van Ornum did not seek leave of
court to file a second response to Mr. Goodhue’s Motion to Dismiss. (ECF No. 102.) Therefore,
the Court will not consider Ms. Van Ornum’s second Response. (ECF No. 135.)
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DATED this 19th day of August, 2016.

BY THE COURT:
________________________________
EVELYN J. FURSE
United States Magistrate Judge

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