IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA

No. CIV-97-113-B

DOUGLAS G. DRY, JUANITA
McCONNELL and ROSIE BURLISON,

Plaintiffs,

vs.

UNITED STATES OF AMERICA, et al.,

Defendants.

DEFENDANTS CITY OF CLAYTON, TERRY BELL,
ROWLAND HALL, MIKE VAN HORN, DARREL KIRKES,
REBECCA JOHNSON AND JIMMY LONG'S MOTION TO
STRIKE PLAINTIFFS' RESPONSE TO THE MOTION FOR
SUMMARY JUDGMENT

COME NOW Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long ("Defendants" unless otherwise specified within the Brief), by and through their attorneys of record, Steidley & Neal, and pursuant to EDOK LR 7. 1B move this Court to strike Plaintiffs' Brief in Response to Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long's Motion for Summary Judgment. In support of their Motion to Strike, these Defendants would state as follows:

1) These Defendants' Motion for Summary Judgment and Brief in Support was mailed for filing on June 8, 1999 and filed by the Eastern District Court Clerk on June 9, 1999. Pursuant to LR 7.1B, Plaintiffs' response deadline was June 24, 1999.

2) Plaintiffs' Response Brief was not mailed until June 25, 1999 and not filed until June 29,1999.
3) Consequently, Plaintiffs' Response Brief was filed five (5) days past its due date under LR 7.1B. Plaintiffs should be deemed to have confessed these Defendants' Motion for Summary Judgment.

WHEREFORE, premises considered, Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long move this Court to Strike Plaintiffs' Brief in Response to these Defendants' Motion for Summary Judgment and for Judgment as a matter of law in favor of these Defendants.

Respectfully submitted,

STEIDLEY & NEAL
Attorneys for Defendants City of Clayton,
Terry Bell, Rowland Hall, Mike Van Horn,
Darrel Kirkes, Rebecca Johnson and Jimmy Long

CERTIFICATE OF MAILING

I hereby certify that on the 2nd day of July 1999, a true and correct copy of the foregoing was mailed via certified mail with proper postage fully prepaid to the following:

Mr. Douglas G. Dry
Attomey at Law
P.O. Box 637
Wilburton, OK 74578

Peter Bernhardt, Esq.
Special Assistant U.S. Attomey
U.S. District Court
Northern District of Oklahoma
333 West 4th Street, Suite 3460
Tulsa, OK 74103-3809