Blackburn v. Oklahoma City VA Health Center

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TYEASHIA M. BLACKBURN, )
)
Plaintiff, )
)
v. ) Case No. CIV-22-983-G
)
UNITED STATES, )
)
Defendant. )
ORDER
Now before the Court is Defendant United States’ Motion to Strike (Doc. No. 137).
Plaintiff Tyeashia M. Blackburn has not responded to the Motion within the time allowed
by the Court’s local rules.
On April 23, 2025, Plaintiff filed a Motion for Summary Judgment (Doc. No. 37).
On December 1, 2025, without seeking leave of the Court, Plaintiff filed an Amended
Motion for Summary Judgment (Doc. No. 131).
Defendant moves to strike the Amended Motion, arguing that its filing is violative
of Local Civil Rule 56.1. See Def.’s Mot. to Strike at 1-3. Defendant’s point is well taken.
Local Civil Rule 56.1(a) prescribes: “Absent leave of court, each party may file only one
motion under Fed. R. Civ. P. 56.” LCvR 56.1. And “a court may choose to strike a filing
that is not allowed by local rule.” Bunn v. Perdue, 966 F.3d 1094, 1099 (10th Cir. 2020)
(alteration and internal quotation marks omitted). “When courts strike a filing as
improperly filed, it becomes a nullity.” Id. (internal quotation marks omitted).
Case 5:22-cv-00983-G Document 164 Filed 04/07/26 Page 1 of 2

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Accordingly, Defendant’s Motion to Strike (Doc. No. 137) is GRANTED.
Plaintiff’s Amended Motion for Summary Judgment (Doc. No. 131) is hereby STRICKEN
from the case record.
IT IS SO ORDERED this 7th day of April, 2026.
Case 5:22-cv-00983-G Document 164 Filed 04/07/26 Page 2 of 2