Automated Summary
Key Facts
Plaintiff Paula Crockett filed a Second Amended Objection (Doc. No. 16) in this civil action. Defendant Walgreens Store #4673 moved to strike this filing, arguing it was filed without court authorization. Plaintiff failed to respond to the Motion to Strike within the time allowed by Local Rules. The court granted the unopposed Motion to Strike pursuant to Local Civil Rule 7.1(h), striking the Second Amended Objection from the case record.
Issues
The court addressed whether Plaintiff's Second Amended Objection should be stricken. Defendant Walgreens moved to strike the filing, arguing it was submitted without court authorization. The court held that pro se parties must follow the same procedural rules as other litigants. Under Local Civil Rule 7.1(h), supplemental briefs may only be filed upon motion and leave of court. Since Plaintiff did not respond to the Motion to Strike within the allowed time, the court granted the motion and stricken the Second Amended Objection from the case record.
Holdings
The court granted Defendant Walgreens Store #4673's unopposed Motion to Strike (Doc. No. 18) and struck Plaintiff Paula Crockett's Second Amended Objection (Doc. No. 16) from the case record because the filing was submitted without authorization from the Court under Local Civil Rule 7.1(h).
Remedies
The court granted Defendant Walgreens Store #4673's unopposed Motion to Strike, resulting in Plaintiff's Second Amended Objection (Doc. No. 16) being stricken from the case record pursuant to Local Civil Rule 7.1(h).
Legal Principles
The court applied Local Civil Rule 7.1(h), which requires that supplemental briefs may be filed only upon motion and leave of court. Additionally, the court cited precedent establishing that pro se parties must follow the same rules of procedure as other litigants, as affirmed in Garrett v. Selby Connor Maddux & Janer, 425 F.3d 836, 840 (10th Cir. 2005).
Precedent Name
Garrett v. Selby Connor Maddux & Janer
Judge Name
Judge Charles B. Goodwin
Passage Text
- Pursuant to Local Civil Rule 7.1(h), '[s]upplemental briefs may be filed only upon motion and leave of court.' LCvR 7.1(h). And pro se parties must 'follow the same rules of procedure' as other litigants.
- Defendant's unopposed Motion to Strike (Doc. No. 18) therefore is GRANTED. Plaintiff's Second Amended Objection (Doc. No. 16) is hereby STRICKEN from the case record.