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Delmonico v. Capito

United States District Court, D. Colorado
Aug 22, 2008
Civil Action No. 08-cv-00498-LTB-BNB (D. Colo. Aug. 22, 2008)

Opinion

Civil Action No. 08-cv-00498-LTB-BNB.

August 22, 2008


ORDER


This matter arises in connection with my order to show cause [Doc. # 49, filed 7/16/2008] and Plaintiff's Response to Court's Order Dated July 16, 2008 [Doc. # 58, filed 8/5/2008] (the "Response"). The Response not only addresses the reason the plaintiff failed to appear at the supplemental scheduling conference, but also seeks the following affirmative relief:

I respectfully ask this Court to grant me longer periods of time to respond to this Court's Orders and Defendants' Motions. The defendants are able to afford to retain three attorneys in regards to this civil action and I am not able to. I recently received the Defendant' Motion for summary judgment, which is about seventy pages in length. With short time periods, I am unable to adequately respond to all this Court's Orders and Defendant's Motions. I Respectfully ask this Court to accept this response to the current Court Order and allow me the plaintiff more time in responding to this Court's Orders and the Defendant's Motions.

Response at pp. 1-2.

I find that good cause exists to excuse the plaintiff's failure to appear at the supplemental scheduling conference, and I will discharge my order to show cause. The request for affirmative relief contained in the Response is denied, however, due to the plaintiff's violation of D.C.COLO.LCivR 7.1C, which provides that "[a] motion shall not be included in a response or reply to the original motion. A motion shall be made in a separate paper."

IT IS ORDERED that the order to show cause [Doc. # 49] is DISCHARGED.

IT IS FURTHER ORDERED that the affirmative relief sought by means of the Response is DENIED.


Summaries of

Delmonico v. Capito

United States District Court, D. Colorado
Aug 22, 2008
Civil Action No. 08-cv-00498-LTB-BNB (D. Colo. Aug. 22, 2008)
Case details for

Delmonico v. Capito

Case Details

Full title:ANTONIO DELMONICO, Plaintiff, v. JEFF CAPITO (Pueblo Police Officer), in…

Court:United States District Court, D. Colorado

Date published: Aug 22, 2008

Citations

Civil Action No. 08-cv-00498-LTB-BNB (D. Colo. Aug. 22, 2008)