Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Albert DeLeon,

) ) Plaintiff, ) ) vs. ) ) Dora Schriro, et al., ) ) Defendants. ) ______________________________)

CV 04-0446-PHX-PGR (MS)

ORDER

Pending before the Court is Defendants' Response and Motion to Strike Plaintiff's
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Emergency Motion Requesting to Add Final Exhibits to his Emergency Motion Dated
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2/24/06 (Doc. # 212). Defendants request that this Court vacate its March 9, 2006
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Order (Doc. # 211) and strike Plaintiff's Second Emergency Motion pursuant to FED. R.
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CIV. P. 12(f).
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Defendants argue that because all discovery was submitted to Plaintiff by
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December 15, 2005, and because Plaintiff's Response to Defendants' Motion for
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Summary Judgment was filed on January 30, 2006, there is no reason why those
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documents could not have been submitted on that date. While Defendants are correct
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that Plaintiff must have had those items in his possession when he submitted his
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Response on January 30, 2006, Plaintiff did aver to the Court that he had misplaced
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some of his documents and wanted to submit them for consideration by the Court after
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locating them. Defendants further argue that the Court should strike Plaintiff's additional
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submitted documents because they are immaterial to the issues before the Court on
Case 2:04-cv-00446-JAT Document 213 Filed 03/15/2006 Page 1 of 2

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summary judgment. The Court, when considering Defendants' motion for summary judgment, will be able to identify the germane documents submitted to the Court and will not vacate its previous Order. That said, Defendants correctly note that Plaintiff's motion does contain additional argument, which constitutes a sur-reply not permitted by the Federal or Local Rules. As a result, the Court will strike the additional argument found in Plaintiff's Emergency Motion (Doc. # 210). Accordingly, IT IS ORDERED THAT Defendants' Motion to Strike Plaintiff's Emergency Motion is GRANTED in part and DENIED in part. The Clerk shall strike the additional argument found on pages 1-3 of Plaintiff's Emergency Motion Requesting to Add Final Exhibits to his Emergency Motion Dated 2/24/06 (Doc. # 210). IT IS FURTHER ORDERED that the attachments to Doc. # 210 are NOT STRICKEN and are hereby supplemented to Plaintiff's Response to Defendants' Motion for Summary Judgment (Doc. # 200), subject to rulings on relevancy and/or materiality when the Court considers Defendants' Motion for Summary Judgment. IT IS FURTHER ORDERED that Plaintiff shall not offer any further supplements in connection with the pending summary judgment proceedings. DATED this 14th day of March, 2006.

Case 2:04-cv-00446-JAT

2 Document 213

Filed 03/15/2006

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