Opinion
Civil Action No. 12-cv-02332-MSK-KMT
04-17-2013
MODESTAR LIYOKHO, Plaintiff, v. COLORADO TECHNICAL UNIVERSITY (PUEBLO CAMPUS), Defendant.
Magistrate Judge Kathleen M. Tafoya
MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
"Defendant's Motion to Strike Plaintiff's 'Response to Defendants [sic] Answers to the First Ammended [sic] Complaint'" (Doc. No. 49, filed Apr. 16, 2013) is GRANTED. Pursuant to Fed. R. Civ. P. 7(a), the only permissible pleadings in a civil action are "(1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer." Defendants have not asserted any counterclaims in their Answer. (See Doc. No. 46, filed Mar. 8, 2013.) As such, absent a court order, a reply to Defendant's Answer is not a permissible pleading. Accordingly, "Plaintiff [sic] Response to Defendants [sic] Answers to the First Ammended [sic] Complaint by the Plaintiff" (Doc. No. 48) is STRICKEN.