Brown v. Lexington-Fayette Urban County Government Department of Public Works et al, No. 5:2008cv00500 - Document 128 (E.D. Ky. 2012)

Court Description: MEMORANDUM OPINION & ORDER: It is ordered that Dft's 127 Motion to Strike Pla's Notice of Filing is DENIED. Signed by Judge Joseph M. Hood on 12/12/2012.(SCD)cc: COR

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UNITED STATES DISTRICT COURT EASTERN DIVISION OF KENTUCKY CENTRAL DIVISION at LEXINGTON PAULA B. BROWN, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et. al., Defendants. Civil Case No. 5:08-cv-500-JMH MEMORANDUM OPINION & ORDER *** This matter is before the Court on Defendant s motion objecting to Plaintiff s notice of filing and motion to strike the notice of filing from the record. (D.E. 127). Plaintiff s notice of filing did not request any relief from this Court. Instead, Plaintiff simply sought to file additional documents memorandum in alter, vacate or to support be of this considered his previous Court s along motion Judgment. with to (D.E. his amend, 124). Therefore, Defendant s motion to strike Plaintiff s notice of filing from the record is unnecessary, and will be denied. To the extent that Defendant fears that Plaintiff s filing will affect this Court s Memorandum Opinion and Order denying Plaintiff s motion to amend, alter, or vacate this Court s Judgment (D.E. 125), the filing clearly fails to present a clear error of law, newly discovered evidence, an intervening injustice. change in controlling law, or manifest GenCorp, Inc. v. American Intern. Underwriters, 178 F.3d 804, 834 (6th Cir. 1999). Therefore, the Court s Memorandum Opinion and Order denying Plaintiff s motion to amend, alter or vacate this Court s Judgment (D.E. 125) remains unaffected. Accordingly, IT IS ORDERED that Defendant s motion to strike Plaintiff s notice of filing (D.E. 127) is DENIED. This the 12th day of December, 2012. 2

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