Opinion
Civil Action No. 12-cv-00463-CMA-BNB
01-09-2013
INTERNATIONAL ACADEMY OF BUSINESS AND FINANCIAL MANAGEMENT, LIMITED, BRETT KING, and GEOFFREY BARING, Plaintiffs, v. GEORGE S. MENTZ, and AMERICAN ACADEMY OF FINANCIAL MANAGEMENT, LLC, Defendants.
Judge Christine M. Arguello
ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on Plaintiffs' Motion for Summary Judgment as to Liability filed June 24, 2013. (Doc. # 41.) Defendants responded to this motion on July 31, 2013 (Doc. # 50), and Plaintiffs replied on August 14, 2013 (Doc. # 51). Upon review of the parties' briefing and the evidence referenced therein, the Court determines that genuine issues of material fact preclude the Court from granting the summary judgment motion.
With regard to counterclaims three through seven, Plaintiffs relied solely on their previously filed motion to dismiss as a basis for dismissing those claims rather than asserting arguments under the summary judgment standard. (See Doc. # 44, at 17-18.) Defendants correctly responded that those arguments were rendered moot by this Court's order denying the motion to dismiss, entered on July 17, 2013 (Doc. # 48.) Then, in the reply, Plaintiffs asserted new arguments regarding why the Court should grant summary judgment on those claims. The Court declines to address these arguments. See United States v. Mora, 293 F.3d 1213, 1216 (10th Cir. 2002) (citing Codner v. United States, 17 F.3d 1331 n.2 (10th Cir. 2002), and Lyons v. Jefferson Bank & Trust, 994 F.2d 716, 724 (10th Cir. 1993)) (the court need not address arguments raised for the first time in a reply brief); Rackhouse Pub, LLC v. Proximo Spirits, Inc., No. 13-CV-00477-MSK-KMT, 2013 WL 5609347 (D. Colo. Oct. 11, 2013) ("It is axiomatic that courts will usually refuse to consider an argument raised for the first time in a reply brief, primarily because it deprives the opponent of the opportunity to address it.").
Accordingly, the Court ORDERS that Plaintiffs' Motion for Summary Judgment (Doc. # 44) is DENIED.
BY THE COURT:
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CHRISTINE M. ARGUELLO
United States District Judge