Van Ornum v. American Medical Association et al, No. 2:2014cv00921 - Document 138 (D. Utah 2016)

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

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Van Ornum v. American Medical Association et al Doc. 138 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.) 1 Dockets.Justia.com DATED this 19th day of August, 2016. BY THE COURT: ________________________________ EVELYN J. FURSE United States Magistrate Judge 2

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