Thompson v. StreetSmarts Incorporated et al

Filing 15

ORDER that Plaintiff's Motion for Default Judgment and Request for Hearing, Memorandum of Points and Authorities etc., Request and Affidavit for Entry of Default Judgment etc. and Proposed Order Granting Default Judgment, (Docs. 11-14), are hereby STRICKEN without prejudice re striking 11 Motion for Default Judgment; striking 13 Motion for Entry of Default. Signed by Magistrate Judge Lawrence O Anderson on 10/22/10.(TLJ)

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Thompson v. StreetSmarts Incorporated et al Doc. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Craig Thompson, ) ) Plaintiff, ) ) vs. ) ) ) Streetsmart, Inc., a Delaware corporation;) Dave Batt, an Illinois resident, ) ) Defendants. ) ) ) No. CV-10-1885-PHX-LOA ORDER The Court has twice ordered Plaintiff's counsel to use proper capitalization in the caption of this case as required by LRCiv.7.1(a)(3). (Docs. 5, 10) The Court has also explained why compliance with the Local Rules is required and even forewarned Plaintiff "that future violations of LRCiv.7.1(a)(3) will likely result in the striking of such a nonconforming pleading or motion." (Docs. 10 at 1-2) Plaintiff's Motion for Default Judgment and Request for Hearing, Memorandum of Points and Authorities etc., Request and Affidavit for Entry of Default Judgement etc., and Proposed Order Granting Default Judgment, docs. 11-14, violate the District of Arizona's Local Rules. The Ninth Circuit has recently "explain[ed], yet again, the importance of following a district court's local rules. `District courts have broad discretion in interpreting and applying their local rules.'" Simmons v. Navajo County, ___ F.3d ___, 2010 WL 2509181, * 3 (9th Cir. 2010) (quoting Miranda v. S. Pac. Transp. Co., 710 F.2d 516, 521 (9th Cir. 1983)). Local rules have "the force of law." Hollingsworth v. Perry, ___ U.S. ___, 130 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S.Ct. 705, 710 (2010) (quoting. Weil v. Neary, 278 U.S. 160, 169 (1929)). They "are binding upon the parties and upon the court, and a departure from local rules that affects substantial rights requires reversal." Professional Programs Group v. Department of Commerce, 29 F.3d 1349, 1353 (9th Cir. 1994) (internal quotation marks omitted). On the Court's own motion, IT IS ORDERED that Plaintiff's Motion for Default Judgment and Request for Hearing, Memorandum of Points and Authorities etc., Request and Affidavit for Entry of Default Judgement etc. and Proposed Order Granting Default Judgment, docs. 11-14, are hereby STRICKEN without prejudice. Dated this 22nd day of October, 2010. -2-

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