Opinion
Civil Action No. 06-cv-02568-PSF-CBS.
June 20, 2007
ORDER
This civil action comes before the court on Defendants' "Motion to Strike Plaintiff's `Reply to Defendants' Motion to the Clerk of the Court to Dismiss Civil Claim'" (filed June 15, 2007) (doc. # 27). Pursuant to the Order of Reference dated February 2, 2007 (doc. # 6) and the memorandum dated June 18, 2007 (doc. # 29), this matter was referred to the Magistrate Judge.
Defendants filed their Motion to Dismiss (doc. # 13) on March 20, 2007. On March 26, 2007, two mailings sent to Mr. Hicks were returned in the mail as undeliverable, one of which advised Mr. Hicks of the deadline to respond to Defendants' Motion to Dismiss. ( See docs. # 16 and # 17). On April 4, 2007 the court directed the Clerk of the Court to update the court's records as to Mr. Hicks' current address and to re-mail copies of docs. # 14 and # 15 to Mr. Hicks at that address. On April 10, 2007, the court received a letter from Mr. Hicks "asking this Honorable Court to not dismiss the civil suit filed against Terry Maketa, Tom DeLuca, and Fran Le Page. . . ." ( See doc. # 20). The Clerk of the Court docketed Mr. Hicks' letter as his response to Defendants' Motion to Dismiss.
Defendants filed their Reply to their Motion to Dismiss on April 20, 2007. ( See doc. # 22). On May 30, 2007, the court received from Mr. Hicks a "Reply to Defendants['] Motion to the Clerk of the Court to Dismiss Civil Claim," addressing the arguments raised in Defendants' Motion to Dismiss. ( See doc. # 24). On June 15, 2007, Defendants filed a "Reply to Plaintiff's `Reply to Defendants['] Motion to the Clerk of the Court to Dismiss Civil Claim.'" ( See doc. # 28).
The court having reviewed Defendants' Motion to Strike, the entire case file and the applicable law and being sufficiently advised in the premises,
IT IS ORDERED that:
1. Defendants' "Motion to Strike Plaintiff's `Reply to Defendants' Motion to the Clerk of the Court to Dismiss Civil Claim" (filed June 15, 2007) (doc. # 27) is DENIED.
2. No further briefing on Defendants' Motion to Dismiss (doc. # 13) may be filed without leave of court.