Fuller v. Granville et al
Filing
157
ORDER: Plaintiff's Ex Parte Motion with Exhibits 1, 2, and 3 154 is denied; the Clerk must strike Plaintiff's Ex Parte Motion with Exhibits 1, 2, and 3 154 ) from the docket in this action. Signed by Judge David G Campbell on 1/12/16.(REW)
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KAB
WO
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Samuel Louis Fuller,
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No. CV 14-00020-PHX-DGC
Plaintiff,
v.
ORDER
Kari Jill Granville, et al.,
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Defendants.
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Plaintiff Samuel Louis Fuller, who is currently confined in Maricopa County
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Fourth Avenue Jail, brought this civil rights case pursuant to 42 U.S.C. § 1983.
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(Doc. 41.)
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Plaintiff filed “Plaintiff’s Ex Parte Motion with Exhibits 1, 2, and 3” (Doc. 154.)
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In his “motion” Plaintiff asserts that “the matters [in the motion] are not intended for the
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Court’s response, however the record is substantiative [sic] enough that Plaintiff believes
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such contentions may well better appropriate the manner of proceedings this case styles,
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by the Plaintiff’s ex parte communication to undersigned counsel on the record.” (Doc.
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154 at 1.) Attached to the “motion” is a letter written to defense counsel, which contains
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statements that could be construed as threats. Indeed, nothing in “Plaintiff’s Ex Parte
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Motion with Exhibits 1, 2, and 3” is relevant to the issues in this case and the “motion”
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does not assist the Court in determining the merits of Plaintiff’s claims and does not add
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to the substantive claims. Accordingly, the Court will deny the Motion and strike it from
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the Record.
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Moreover, the Court is compelled to inform Plaintiff that “harassing, coercive,
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argumentative, threatening or similar statements to opposing counsel will not be
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permitted.” Sanders v. Delta Airlines, Inc., 2014 WL 2859135, No. CIV 13-1440-TUC-
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CKJ, at *3 (D. Ariz. June 23, 2014). If Plaintiff does not proceed with civility in this
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case, the Court will impose appropriate sanctions, including, if necessary, dismissal of his
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complaint. See id. (citing cases where Plaintiff’s complaint dismissed as a sanction for
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threats on defense counsel); Fed. R. Civ. P. 11(b) (a party must not present a motion to
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the Court “for any improper purpose, such as to harass, cause unnecessary delay, or
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needlessly increase the cost of litigation.”).
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IT IS ORDERED that “Plaintiff’s Ex Parte Motion with Exhibits 1, 2, and 3”
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(Doc. 154) is denied and the Clerk of the Court must strike “Plaintiff’s Ex Parte Motion
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with Exhibits 1, 2, and 3” (Doc. 154) from the docket in this action.
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Dated this 12th day of January, 2016.
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