Prymak v. Contemporary Financial Solutions, Inc.

Full title: JOHN PRYMAK, LILLIAN PRYMAK, PAUL PRYMAK, PRESTON SMITH, SHEILA SMITH…

Court: United States District Court, D. Colorado

Date published: Aug 11, 2008

Civil Action No. 07-cv-00103-EWN-KMT (D. Colo. Aug. 11, 2008)

Opinion

Civil Action No. 07-cv-00103-EWN-KMT.

August 11, 2008

ORDER

EDWARD NOTTINGHAM JR., District Judge

This matter is before the court on "Reply of Defendants Contemporary Financial Solution, Inc. and Mutual Service Corporation in Support of Defendants' Motion for Summary Judgment," filed February 19, 2008. After perusing Defendants' brief, the court has concluded that rule violations require the document to be stricken and re-filed.

Defendants' brief fails to comport with this court's practice standard concerning reply briefs filed in support of motions for summary judgment, which requires:

In a separate section styled "Response Concerning Disputed Facts" (with respect to each fact which the opposing party, pursuant to paragraph 5, claims to be in dispute), either admit that the fact is disputed or supply a brief factual explanation for his position that the fact is undisputed, accompanied by a specific reference to material in the record which establishes that the fact is undisputed. This will be done in paragraphs numbered to correspond with the opposing party's paragraph numbering.

(Practice Standards — Civil: Special Instructions Concerning Mots. for Summ. J. ¶ 6(b) [emphasis in original]; see also id. ¶ 2 [defining "specific reference"].)

Defendants' brief also disregards an additional practice standard:

The sole purpose of these procedures is to establish facts and determine which of them are in dispute. Legal argument is not permitted here and should be reserved for separate portions of the briefs. If it is believed that an established fact is immaterial, for example, that belief should be expressed in the part of the briefs devoted to legal argument, and the fact should be admitted. If, on the other hand, it is believed that the reference to material in the record simply does not support the claimed fact, that factual argument may appropriately be made pursuant to these procedures.

( Id. ¶ 7 [emphasis in original].)

Based on the foregoing it is therefore ORDERED that:

1. DEFENDANTS' reply brief (# 156) is STRICKEN.

2. Defendants have ten days from the date of this order to submit a compliant reply brief.