Van Ornum v. American Medical Association et al

Filing 153

MEMORANDUM DECISION AND ORDER Striking 145 Second Response to Motion to Dismiss. Signed by Magistrate Judge Evelyn J. Furse on 8/26/2016. (jds)

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

SANDRA CK VAN ORNUM,

MEMORANDUM DECISION AND
ORDER STRIKING SECOND RESPONSE
TO MOTION RE 102 MOTION TO
DISMISS 98 AMENDED COMPLAINT
(ECF NO. 145)

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 23, 2016 Plaintiff Sandra C.K. Van Ornum filed a second response to
Defendant Hawaii Pacific’s Motion to Dismiss without first seeking leave of court. (ECF No.
145.)
On May 18, 2016, Hawaii Pacific filed a motion to dismiss Ms. Van Ornum’s Amended
Complaint. (ECF No. 102.) Ms. Van Ornum filed her Response on July 14, 2016. (ECF No.
121.) Hawaii Pacific filed its Reply on July 28, 2016. (ECF No. 128.) On August 23, 2016,
after briefing on the motion to dismiss closed, Ms. Van Ornum filed a second response. (ECF
No. 145.)
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 Hawaii Pacific’s Motion to Dismiss. Therefore, the Court will
not consider Ms. Van Ornum’s second Response. (ECF No. 145.)
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DATED this 26th day of August, 2016.

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

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