Sunglass Designs, Inc. v. Wild Style Sunglasses et al

Filing 15

ORDER granting Plaintiff's 12 Motion to Strike, the Clerk is directed to strike the 11 Letter from Mr. Monzo from the record; Plaintiff's 12 Motion for costs and fees is denied. Signed by Judge David G Campbell on 1/8/09.(REW, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Sunglass Designs, Inc., an Arizona corporation, vs. Plaintiff,

Wild Style Sunglasses; and William Zeuner, Defendants.

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No. CV-08-1984-PHX-DGC ORDER

On November 25, 2008, attorney Anthony Monzo sent a letter to Plaintiff's counsel stating that Mr. Monzo no longer represents Defendant William Zeuner. A copy of the letter was sent to the Clerk of Court. The Clerk filed the letter on December 1, 2008. Dkt. #11. Plaintiff has filed a motion to strike the letter from the record. Dkt. #12. Rule 7.2 of the Local Rules of Civil Procedure provides that a motion to strike may be filed "if it seeks to strike any part of a filing or submission on the ground that it is prohibited (or not authorized) by a statute, rule, or court order." LRCiv 7.2(m). The Court agrees with Plaintiff that Mr. Monzo's letter, standing alone and unaccompanied by a motion or other legal filing, is not a proper document for the record. The Court accordingly will grant Plaintiff's motion to strike. See LRCiv 7.2(m). IT IS ORDERED: 1. Plaintiff's motion to strike (Dkt. #12) is granted.

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2.

The Clerk is directed to strike the letter from Mr. Monzo (Dkt. #11) from the record.

3.

Plaintiff's motion for costs and fees (Dkt. #12) is denied.

DATED this 8th day of January, 2009.

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