DONE,DONE,DONE, SOPHIA'S CASE

IN THE UNITED STATES DISTRICT COURT

CENTRAL DIVISION, DISTRICT OF UTAH

SOPHIA STEWART,

Plaintiff,

vs.

MICHAEL T. STOLLER, JONATHAN

LUBELL, DEAN WEBB, GARY BROWN

and JOHN DOES I through X,

Defendants.

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Civil No. 2:07-cv-00552

ORDER & RULING

JUDGE CLARK WADDOUPS

MAGISTRATE JUDGE BROOKE C.

WELLS

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On July 2, 2009, Defendant Michael Stoller filed his Motion To Strike Plaintiff’s

Pleadings 1 In response, Plaintiff Sophia Stewart filed an objection and response to the

motion.2 Upon review of the pending motion, the Court now rules as stated herein and

denies defendant’s Motion To Strike.

1Initially, it appears that Mr. Stoller’s motion was actually filed as part of

defendant’s affidavit in opposition to plaintiff’s motion to amend complaint. See,

Docket Number 74. However, at the request of the court clerk’s office, Mr. Stoller filed

his motion to strike separate from his affidavit. Docket Number 76.

2Docket Number 78 and 79. Pleading entitled “Objection And Response To

Jonathan Lubell, Gary Brown, Dean Webb, and Michael Stoller’s Objection To Motions

And Memorandums For Default Of Judgment And Motion To Strike.” See also, Docket

Number 82 pleading entitled “Objection To Defendant Michael T. Stoller’s Motion To

Strike Plaintiff’s Pleadings; Points And Authorities.”

In his pending motion, Mr. Stoller addresses plaintiff’s failure to follow rules and

procedures, ultimately requesting that this Court “strike the sham pleadings filed by the

Plaintiff.”3 Defendant’s motion, however, is unclear as to which of plaintiff’s pleadings

he seeks to strike. Specifically, the Court is uncertain whether Mr. Stoller’s motion

seeks to strike all of plaintiff’s pleadings, those pleading’s most recently filed, or is in

fact a motion to dismiss the entire action pursuant to Federal Rule of Civil Procedure

12(b)(6).

If Mr. Stoller’s motion is characterized as a motion to dismiss, on August 28,

2008, Judge Waddoups issued a Memorandum Decision and Order 4 denying Mr.

Stoller’s previously filed motion to dismiss.5 Moreover, if plaintiff’s motion is in

reference to plaintiff’s recently filed pleadings, on June 14, 2009, this Court entered an

Order denying plaintiff’s motion for judicial notice, motion for default judgment and

motion to amend.6 Absent additional information from defendant as to the substance of

his motion, the courts’ prior rulings appear to moot the pending matter.

Thus, given both the amorphous nature of the motion and the previous rulings

issued by both Judge Waddoups and this court, the court hereby denies defendant’s

motion to dismiss.

3Docket Number 76. Defendant Stoller’s Motion To Strike Plaintiff’s Pleadings;

Points And Authorities.

4Docket No. 35.

5Docket No. 20.

6Docket No. 75.

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DATED this 11 day of August, 2009.

BY THE COURT:

______________________

Brooke C. Wells

United States Magistrate Judge

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GUILT-LESS NESS, JOY YES-NESS, FREEDOM!!!!!!