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Motion to Strike
TonyBlony492,RBN19309
Filing username: TonyBlony492
Counsel for: Plaintiff
SUPERIOR COURT OF RIDGEWAY
COUNTY OF RIDGEWAY
thr33six8, Case No. RSC-CV-8427
Plaintiff,
vs. Motion to Strike
AlbertWellesley, et. al.,
Defendant.
Relief Requested
Plaintiff respectfully requests that the Court:
1. Strike Defendant’s “Amended Opposition to Motion for Contempt” as
untimely and filed without leave of Court in violation of Rid. R. Civ. P. 7.1(5);
2. Decline to consider the Amended Opposition for any purpose; and
3. Grant such other and further relief as the Court deems just and proper.
Grounds and Governing Law
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Motion to Strike
This Motion is governed by Rid. R. Civ. P. 7.1(5), Rid. R. Civ. P. 16(1)(1).
Additionaly, Rule 16(2) does not authorize the filing of an Amended Opposition after the
reply period has passed.
Rule 7.1(5) provides that after a reply is filed, “No further paper shall be filed on
the motion without leave of court.”
Rule 16(1)(1) provides that a filing, once transmitted to the electronic filing
system, cannot be amended, corrected, supplemented, or withdrawn.
Rule 16(2) provides the ability to amend a pleading once and only if it is
amended within 48 hours.
Conferral and Party Positions
The Meet and Confer with Defendant was conducted. The parties were unable to
reach agreement. Conferral is therefore unsuccessful.
Supporting Facts
Proper reply to the original opposition was filed on 09/17/2026, with the Bates
number being BATES-20260917-5560843917.
Four days later (09/21/2026), the contested paper was filed with the Bates
number being BATES-20260921-5783194178.
Argument
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Motion to Strike
A. The filing was made without proper leave.
The briefing sequence on Plaintiff’s Motion for Contempt was completed when
Plaintiff filed the Reply. As stated under Rid. R. Civ. P. 7.1(5), no further paper may be
filed on the motion without leave of Court.
Rid. R. Civ. P. 7.1(5) - Reply. The movant may file a reply within
twenty-four (24) hours after the response in opposition is served. A reply
shall be transmitted under the code for a Reply and shall be confined to
matters raised in the response. No further paper shall be filed on the
motion without leave of court.
Defendant thereafter filed an “Amended Opposition” without seeking or obtaining
leave. That filing is expressly prohibited by Rule 7.1(5).
B. Reliance on Rid. R. Civ. P. 16 is misplaced
During the Meet and Confer, the Defendant has cited Rid. R. Civ. P. 16(1)(1) and
Rid. R. Div. P. 16(2).
However, the reliance on Rule 16 is wrong. Rule 16 governs amendments to
pleadings. An Opposition is a motion paper governed by Rule 7.1, not a pleading subject
to amendment under Rule 16(2).
And even if Rule 16 applied, Rule 16(1)(1) and Rule 16(2) independently bar the
filing.
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Motion to Strike
Rid. R. Civ. P. 16(1)(1) - Amendment of a Pleading Distinguished from
Amendment of a Filing.
1. §
A Filing Cannot Be Amended. A filing, once transmitted to the electronic filing system,
cannot be amended, corrected, supplemented, or withdrawn, and the documents
comprising it cannot be altered or replaced. No order of the court and no act of the Clerk
shall alter the content of a filed document, the filing date the electronic filing system
records, or the Bates number the system assigns. The remedy for a defective filing is a
corrected refiling under Rule 5.3, which is a new filing bearing its own filing date.
Rid. R. Civ. P. 16(2) - Amendment Once as of Course. A party may amend that
party’s pleading once as a matter of course, without leave of court and without the
consent of any other party, no later than:...
Because the Amended Opposition was filed after the Reply, after 48 hours have
passed and without leave of Court, it is procedurally improper and should be stricken.
Conclusion
For the foregoing reasons, Plaintiff respectfully requests that the Court grant this
Motion, strike Defendant’s Amended Opposition, decline to consider it, and proceed to
decide the Motion for Contempt on the properly filed papers.
