Free Order on Motion to Strike - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Claimants. 18 19 20 On July 7, 2005, Plaintiff filed a Motion To Strike (Doc. #42) the Notice of 21 Supplemental Authority On Pending Motion For Summary Judgment and Cross Motion For 22 Summary Judgment ("Supplemental Authority") that was filed By GMAC on June 28, 2005. 23 (Doc. #41). Plaintiff argues that the case cited by Defendant interprets a state statute, not the 24 federal statutes involved in this matter, and thus does not apply. 25 General Motors Acceptance Corporation's ("GMAC") Notice of Authority was filed 26 in support of its Motion For Summary Judgment, which the Court denied on August 2, 2005 27 (Doc. #44). Therefore, the pending motion will be denied as moot. The Court notes, 28
Case 2:03-cv-01504-ROS Document 57 Filed 01/31/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) ) One 2002 Cadillac Escalade 4X4, ) ) Defendant, ) And Regarding the Interest of Carl D.) Anderson and Darryl Scott United States of America, And Regarding the Interest of General Motors Acceptance Corporation,

No. CV 03-1504-PHX-ROS ORDER

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however, that a Motion To Strike that rests upon an objection to the substantive nature of a prior filing is improper under these circumstances.

Accordingly, IT IS ORDERED that the Plaintiff's Motion To Strike (Doc. #42) is DENIED as moot.

DATED this 31st day of January, 2006.

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