Van Ornum v. American Medical Association et al
Filing
165
MEMORANDUM DECISION AND ORDER striking 159 Second RESPONSE re 140 Reply Memorandum/Reply to Response to Motion. Signed by Magistrate Judge Evelyn J. Furse on 9/8/2016. (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 105 MOTION TO
DISMISS 98 AMENDED COMPLAINT
(ECF NO. 159)
Plaintiff,
v.
AMERICAN MEDICAL ASSOCIATION,
et al.,
Case No. 2:14-cv-921-RJS-EJF
Defendants.
District Judge Robert J. Shelby
Magistrate Judge Evelyn J. Furse
On September 6, 2016 Plaintiff Sandra C.K. Van Ornum filed a second response to
Defendant Allergan’s Motion to Dismiss without first seeking leave of court. (ECF No. 159.)
On May 23, 2016, Hawaii Pacific filed a motion to dismiss Ms. Van Ornum’s Amended
Complaint. (ECF No. 105.) Ms. Van Ornum filed her Response on August 3, 2016. (ECF No.
129.) Allergan filed its Reply on August 22, 2016. (ECF No. 140.) On September 6, 2016, after
briefing on the motion to dismiss closed, Ms. Van Ornum filed a second response. (ECF No.
159.)
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 Allergan’s Motion to Dismiss. Therefore, the Court will not
consider Ms. Van Ornum’s second Response. (ECF No. 159.)
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DATED this 8th day of September, 2016.
BY THE COURT:
________________________________
EVELYN J. FURSE
United States Magistrate Judge
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