RAYMOND P. MOORE, District Judge.
This matter is before the Court on "Defendant Hub International Insurance Services, Inc.'s Motion for an Order Establishing Facts Presented in Hub's Statement of Undisputed Facts are Undisputed Due to Violation of this Court's March 23, 2018 Order and Practice Standards, Request for Expedited Briefing, and Request to Extend the Deadline to File its Reply in Support of its Motion for Summary Judgment in Light of the Same" (the "Motion") (ECF No. 256) seeking relief against Plaintiff. The Court has considered the Motion, Plaintiff's Response (ECF No. 261), Defendant Hub's Reply (ECF No. 277), the court record, and the applicable rules and case law. Upon consideration of these matters, and being otherwise fully advised, for the reasons stated herein, the Court finds that relief in favor of Defendant Hub is warranted, but not in the form it seeks.
The parties are well versed in the background which gives rise to this Motion, so it will only be summarily set forth here. The bottom line is this: Plaintiff requested leave to submit 55 factual statements in support of her response to Defendant Hub's Motion for Summary Judgment; having failed to show the relief requested should be granted, the Court denied Plaintiff's request by Order dated March 23, 2018, leaving Plaintiff with the presumptive 40 factual statements allowed under this Court's Civil Practice Standards (along with the ability to present facts in responding to Defendant Hub's 58 factual statements); and Plaintiff responded with 44-1/2 pages of factual statements in her Statement of Additional Facts (the "Statement") (ECF No. 249), labeling them as responses to Defendant Hub's 58 factual statements and 29 factual statements of her own. But, as Defendant Hub argues, Plaintiff has taken liberties with her responses in the Statement, e.g., submitted additional material facts which did not respond to the factual statements Defendant Hub submitted which, effectively, resulted in Plaintiff submitting more than the 40 factual statements allowed. Thus, Defendant Hub's Motion followed.
Defendant Hub argues Plaintiff has included no less than 69 additional facts in the Statement. And, due to such violation of this Court's March 23, 2018 Order and Civil Practice Standards, Defendant Hub contends the following 19 factual statements it submitted should be deemed undisputed for purposes of its Motion for Summary Judgment: 6, 8, 9, 10, 13, 14, 18, 19, 20, 26, 37, 38, 39, 42, 44, 47, 48, 50, and 51. In addition, Defendant Hub asserts Plaintiff's factual statements impermissibly contain legal arguments. In response, Plaintiff raises a number of contentions, mainly: (1) the Court set no limitations on the number of material facts the non-moving party may assert to support a controversy; (2) Defendant Hub incorrectly seeks to limit a non-moving party to 40 factual statements "in all"
Federal courts have the inherent power to regulate their docket and promote judicial efficiency. See, e.g., Dietz v. Bouldin, 579 U.S. ___, ___, 136 S.Ct. 1885, 1891-92, 195 L. Ed. 2d 161 (2016); Pepe v. Koreny, 189 F.3d 478 (10th Cir. 1999) (Table Decision) ("District courts generally are afforded great discretion regarding trial procedure applications (including control of the docket and parties). . . ." (quotation marks and citation omitted)). The Court's civil practice standards are simply an exercise of such inherent power, intended to benefit the public and the parties by promoting the efficient resolution of the prolific number of motions for summary judgment. As this Court has previously stated, it "has a limit on factual statements for a reason; it is so parties can present those facts that truly are material." Zahourek Sys., Inc. v. Balanced Body Univ., LLC, No. 13-CV-01812-RM-CBS, 2017 WL 1197286, at *1 (D. Colo. Mar. 31, 2017).
In this case, Plaintiff was allowed 40 additional factual statements under the Court's Civil Practice Standards. Plaintiff used 29 of them. Thus, Plaintiff could have included 11 of the nonresponsive factual statements "embedded"
Starting with "limitations," the Court does not read Defendant Hub's request as seeking to limit Plaintiff to a total of 40 factual statements "in all," and the Court has set no "limitation" on the number of material facts the non-movant may assert to respond to the movant's factual statement. But, as Plaintiff recognizes, and Defendant Hub argues, such material facts
As for legal arguments, the Court agrees with Defendant Hub that there are a few arguments in the Statement and, as such, they too are stricken.
Finally, as for relief that Defendant Hub requests, Fed. R. Civ. P. 56(c)(1) provides that "[a] party asserting that a fact . . . is genuinely disputed must support the assertion by: . . . (A) citing to particular parts of materials in the record, including depositions, documents . . . or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute. . . ." And, where a party fails to do so, "the court may: . . . (2) consider the fact undisputed for purposes of the motion; . . . or (4) issue any other appropriate order." Fed. R. Civ. P. 56(e). Thus, there is support for Defendant Hub's request. However, in this instance, the Court finds that deeming all 19 of Defendant Hub's factual statements at issue as undisputed is not the appropriate relief. For example, using SOF 26 once again, the fact that the Court strikes 21 of Plaintiff's responses still leaves her with one response, which the Court will consider in determining the merits of the Motion for Summary Judgment. Thus, as indicated above, and shown on the attached, the Court strikes the nonresponsive factual statements and arguments.
Based on the foregoing, it is