Opinion
Civil Action No. 06-cv-00844-REB-BNB.
September 6, 2006
ORDER
This matter is before me on plaintiff Kim Connor Andrews' letter [Doc. # 19, filed 9/5/2006] (the "Letter"). The plaintiff states that the Letter "is in retort to `Defendant's reply supporting motion to dismiss Plaintiff's Complaint.'" I construe the Letter as a sur-reply to the defendant's motion to dismiss.
The local rules of this court provide that there shall be a motion, a response, and a reply. D.C.COLO.LCivR 7.1C. Further briefing is not permitted without leave of court. The plaintiff has not sought leave to file a sur-reply, nor does it appear that further briefing is necessary.
In addition, the plaintiff has submitted her sur-reply in the form of a letter. I have already warned the plaintiff that under Rule 7(b), Fed.R.Civ.P., "[t]he rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules." Order [Doc. #10, filed 6/6/06].
IT IS ORDERED that the plaintiff's Letter is STRICKEN. Should the plaintiff seek leave of court to file a sur-reply, she must submit her request in the form of a motion as required by Rule 7. The motion shall explain why a sur-reply is necessary. In the event the plaintiff is permitted to file a sur-reply, the sur-reply shall be submitted in proper form, not as a letter.
IT IS FURTHER ORDERED that the plaintiff shall cease filing letters with the Court. All future papers filed with this court must comply with Rule 7(b), Fed.R.Civ.P.