Ostler v. Salt Lake City Corp.

Full title: NEAL K. OSTLER, Plaintiff, v. SALT LAKE CITY CORP., et al., Defendants

Court: United States District Court, D. Utah, Central Division

Date published: Dec 28, 2004

Case No: 2:04-CV-627 TS (D. Utah Dec. 28, 2004)

Opinion

Case No: 2:04-CV-627 TS.

December 28, 2004

ORDER DENYING PLAINTIFF'S MOTION TO COMPEL, MOTION TO STRIKE and MOTION TO AMEND

DAVID NUFFER, Magistrate Judge (Part-time)

This matter is before the court on Plaintiff's Motion to Compel,¹ Motion to Strike and Motion to Amend.² Defendants filed responses to the motions,³ and Plaintiff filed a reply.⁴

1 Motion to Compel, docket no. 38.

2 Motion to Strike and Motion for Leave to Amend, docket no. 40.

3 Defendant Salt Lake City Corporation's Memorandum in Opposition to Motion to Strike and Motion for Leave to Amend, docket no. 42; Opposition to Motion to Strike, Motion for Leave to Amend Complaint, and Other Motions Now Before the Court, docket no. 43; The Salt Lake City Defendants' Memorandum in Opposition to Plaintiff's Motion to Compel, docket no. 45.

4 Docket no. 48.

Motion to Compel

The court previously denied Plaintiff's motion to stay and motion to conduct limited discovery regarding the motion to dismiss.⁵ Accordingly, discovery has not yet commenced in this case, and Plaintiff has not served any discovery in this matter. Consequently, there is nothing to compel at this time.

Motion to Strike

Plaintiff moves the court to strike Defendants' "various motions and create a clean slate for everyone in going forward with this case."⁶ Plaintiff's desire to start this lawsuit anew is not a legal basis to strike Defendants' properly filed motions. Further, this court previously ordered Plaintiff to file a response to the motion to dismiss on or before January 4, 2005.⁷ That Order remains in full effect.

Motion for Leave to Amend Complaint

Lastly, Plaintiff moves for leave to amend his complaint. However, Plaintiff has failed to submit a proposed amended complaint. Therefore, the court cannot assess whether an amended complaint is appropriate or necessary at this time.

ORDER

IT IS HEREBY ORDERED that Plaintiff's Motion to Compel⁸ is DENIED.

IT IS FURTHER ORDERED that Plaintiff's Motion to Strike⁹ and Motion for Leave to Amend¹⁰ are DENIED.

9 Docket no. 40-1.

10 Docket no. 40-2.