Free Motion to Strike - District Court of Arizona - Arizona

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2 Phoenix, Arizona 85018 GLEEK U S Dietmar gooey
(593) 513-7760 ¤1sTt11C:T OP alaazorla
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7 IN THE UNITED STATES DISTRICT COURT
8 FOR THE DISTRICT OF ARIZONA
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l0 IN THE MATTER OF ) CV-03-2164-PHX-DGC
I I MICHAEL H. LYNN, i
I2 . Debtor i
) BK 00-08572 PHX GEN
13 MICHAEL H. LYNN i ADV. NO. 00-00000
14 Appellant iAPPELLANT’S MOTION TO
15 i STRIKE APPELLEE’S REPLY TO
16 iAPPELLANT’S RESPONSES TO THE
17 gPLEADINGS FILED BY THE
18 ))APPELLEE AFTER MAY 31, 2005.
19 ET WEST MORTGAGE SERVICES, INC. i
20 APPELLEE i
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22 Comes Now the Appellant and hereby presents his Motion to STRIKE Appellee’s REPLY
23i support of Appellee’s pleadings tiled on and after May 31, 2005.
Ordinarily, Appellant would take no action with regard to a reply. However, this is such a
24 latant and wilful disregard ofthe Rules that to ignore it would only foster such continued activity
25 n the part of Appellee.
26 (l)To begin with, the Reply, being filed on August 1, 2005, is so late as to be laughable.
ip; ppellant’s Responses were filed on July 15, 2005, as Ordered by this Court. Under any Rule, a
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1 ply must be filed within 5 days of the tiling of the response. In Accordance with Rule 6, the
2 ·¤ eadline for Appellee to file a timely reply expired on July 27, 2005.
3 I (2) Appellee has the audacity to claim that its Notice of Errata was a good faith attempt to
4 orrect its own negligence. However, as set forth in Appellanfs response thereto, it was nothing
5 I ore than a vitriolic attack on the Appellant. The correction of Appellee’s negligence was a sham
6 I- act as a platform for this unwarranted attack.
7 I (3) Appellee claims that it did not violate any Rules but in fact complied with all the Rules
8 its request for an award of attorney’s fees and non-taxable costs. This is an outright lie. The
9 I ocal Rule under which the Appellee can request an award of Attorneys fees and non-taxable costs
10 rovides for two different methods of applying for same. The method chosen by Appellee requires
11 I at the request contain a copy of the contract or agreement providing for attorneys fees. This the
12 ppellee could not supply as there was never such an ageement in existence The Rule further
13 rovides that an accounting of the date, time and explanation of the work perfonned be filed within
14 0 days of the date of tiling of the request This the Appellee failed to comply with
15 I (4) As to the other Motions and Requests made by Appellant, Appellee made no response or
16 bjection. Thus in accordance with the Local Rules, these are deemed as admitted by the Appellee
17. ppellee now attempts by its pleading, denoted as a Reply and tries to respond thereto. This is not
18 llowed under any Rule.
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For these reasons, Appellee’s Reply should be stricken. Particularly, Appellee’s request for
20 . award of attorneys fees and non-taxable costs should be denied.
21 ppellant’s request that Appellee and its attomeys be held in Contempt of Court for violating
22 ection 524 of the U. S. Bankruptcy Code should be granted and the Appellant should he awarded
23 200,000 for each infraction.
E; RESPECTFULLY SUBMITTED this l0“” day of August, 2005.
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27 Michael H. Lynn, pellant, Pro er
28 E e Original and one copy of the foregoing Motion to Strike
Case 2:03-cv-02164-DGC Document 46 Filed 08/10/2005 Page 2 of 3

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1 as hand delivered this 10* day of August, 2005, to:
III erk ofthe U.S. District Court for the District of Arizona
2 il W. Washington St.
, " oenix, Arizona
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1 copy of the foregoing Motion to Strike was mailed
1 5 •l this 10"‘ day of August, 2005, to:
1 J hn P. Flynn, Esq.
1 6 I ffany and Bosco
A 25 E. Camelback Rd., 3*** Floor
7 ' oenix, Ari a 85016
. 8 ‘i‘i"'' I _g, IMI,.
' ic el H. yrm
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