Opinion
Civil Action No. 10-cv-00357-CMA-MEH
11-16-2011
MARCO A. ROCHA, Plaintiff, v. S. TWILLEGER, individual capacity, Defendant.
MINUTE ORDER
Entered by Michael E. Hegarty , United States Magistrate Judge, on November 16, 2011.
Plaintiff's Second Motion to Strike filed November 15, 2011; docket #133] is denied. Plaintiff's Motion requests that the Court strike Defendant's motion and briefs seeking summary judgment; however, "the Federal Rules of Civil Procedure do not contemplate the 'striking' of a motion." Georgacarakos v. Wiley, 07-cv-01712-MSK-MEH, 2009 WL 440934, at *6 (D. Colo. Feb. 23, 2009). While Rule 12(f) permits the striking of certain pleadings, Rule 7 distinguishes pleadings from motions and from briefs filed in support thereof. See id.