Watson v. Utah Highway Patrol et al, No. 4:2018cv00057 - Document 76 (D. Utah 2019)
Court Description: MEMORANDUM DECISION AND ORDER striking 69 2nd Memorandum in Oppostion ("Reply to Defendants Reply to Plaintiffs Response to Their Motion to Dismiss") as a sur-reply filed without leave of the court. Signed by Magistrate Judge Paul Kohler on 4/18/19 (alt)
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Watson v. Utah Highway Patrol et al Doc. 76 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH LARRY WATSON, MEMORANDUM DECISION AND ORDER STRIKING SUR-REPLY Plaintiff, Case No. 4:18-cv-00057-DN-PK v. UTAH HIGHWAY PATROL, et al., District Judge David Nuffer Magistrate Judge Paul Kohler Defendants. Plaintiff Larry Watson filed a motion 1 requesting an unspecified “extension of time” to file a sur-reply in connection with Defendants’ Motion to Dismiss. 2 Watson’s motion was denied because “the applicable rules of procedure do not provide for the filing of sur-replies, and Watson ha[d] not shown good cause as to why he should be allowed to” file a sur-reply. 3 Notwithstanding this, Watson went ahead and filed a sur-reply anyway. 4 Because the sur-reply was filed “without leave of court,” it is improper and will not be considered. 5 THEREFORE, IT IS HEREBY ORDERED that the sur-reply4 is STRICKEN. Signed April 18, 2019. BY THE COURT: Paul Kohler United States Magistrate Judge 1 Motion Requesting Extension of Time to Reply to Defendants’ Reply to Plaintiff’s Response to Defendants’ Motion to Dismiss, docket no. 64, filed April 4, 2019. 2 Docket no. 28, filed December 19, 2018. 3 Memorandum Decision and Order Denying Motion for Extension of Time, docket no. 66, filed April 5, 2019. 4 Reply to Defendants’ Reply to Plaintiff’s Response to Their Motion to Dismiss, docket no. 69, filed April 12, 2019. 5 See DUCivR 7-1(b)(2)(A) (“No additional memoranda will be considered without leave of court.”). Dockets.Justia.com
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