Vitamins Online v. Heartwise et al, No. 2:2013cv00982 - Document 638 (D. Utah 2023)
Court Description: MEMORANDUM DECISION AND ORDER DENYING Plaintiff's 635 Motion to Strike Improper Portions of Defendant's Status Report and Supporting Evidence. Signed by Judge Dale A. Kimball on 11/6/2023. (eat)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH VITAMINS ONLINE, INC., MEMORANDUM DECISION AND ORDER Plaintiff, v. Civil No. 2:13-CV-982-DAK HEARTWISE, INC., Judge Dale A. Kimball Defendant. This matter is before the court on Plaintiff Vitamins Online’s Motion to Strike Improper Portions of Defendant’s Status Report and Supporting Evidence [ECF No. 635]. The Federal Rules of Civil Procedure do not generally provide for motions to strike memoranda. See, e.g., Ysais v. New Mexico Jud. Standard Comm’n¸616 F. Supp. 2d 1176, 118 (D.N. M. 2009). Instead, such actions are generally preserved for pleadings. See Carvana v. MFG Financial, Inc., 2:07CV-00128DAK, 2008 WL 4279588, at *1 (D. Utah Sept. 18, 2008). The court requested status updates, and it can, in its own discretion, determine which portions of these reports are relevant and proper. Accordingly, Plaintiff’s Motion to Strike Improper Portions of Defendant’s Status Report and Supporting Evidence [ECF No. 635] is DENIED. DATED this 6th day of November 2023. BY THE COURT: ____________________________ Dale A. Kimball United States District Judge
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