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Duncan v. Union Pacific Railroad

October 16, 2006

ANTHONY DUNCAN, PLAINTIFF,
v.
UNION PACIFIC RAILROAD, DEFENDANT.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is plaintiff's motion to strike defendant's "reply" to plaintiff's responses to defendant's request for admissions. (Doc. 26). Plaintiff correctly observes that a motion is required if defendant wants the Court to determine the sufficiency of plaintiff's responses to the request for admissions. Fed.R.Civ.P. 36(a).

IT IS THEREFORE ORDERED that plaintiff's motion to strike defendant's "reply" to plaintiff's responses to defendant's request for admissions (Doc. 26) is GRANTED. The Clerk of Court shall have the record reflect that Doc. 24 is STRICKEN.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20061016

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