Moriarity v. Nationstar Mortgage, LLC

Filing 8

ORDER STRIKING plaintiff's opposition to defendant's motion to dismiss, document 7 . Plaintiff is DIRECTED to comply with the Court's order of July 3, 2013. Order signed by Magistrate Judge Sandra M. Snyder on 7/23/2013. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA D. MORIARITY,
Plaintiff,

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v.
NATIONSTAR MORTGAGE, LLC,
and DOES 1-10,

Case No. 1:13-cv-00855-AWI-SMS
ORDER STRIKING PLAINTIFF’S
OPPOSITION
(Doc. 7)

Defendants.

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On July 3, 2013, the Court dismissed Plaintiff’s complaint without prejudice and denied

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Defendant’s motion to dismiss as moot. Doc. 6. Plaintiff was ordered to file, within 30 days of

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service (i.e., by August 2, 2013), either an amended complaint or notification of her willingness to

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proceed on the original complaint. Failure to comply could lead to dismissal of the action.

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On July 22, 2013, Plaintiff filed an opposition to Defendant’s motion to dismiss. The Court

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must strike this filing, both because Defendant’s motion has already been denied (as Plaintiff

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acknowledges), and also because the filing is inconsistent with the Court’s order. This is not a

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statement regarding the merits of Plaintiff’s arguments. Rather, the July 3, 2013 order simply does

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not permit the Court to consider these arguments, at this time or in this format. Plaintiff must comply

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with the Court’s July 3, 2013 order. The Court will then need additional time to consider any filing.

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The Court takes this opportunity to observe that Plaintiff’s opposition often uses “scare

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quotes.” In contrast to quotation marks that quote another’s words or that identify a new term, “Scare

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quotes are quotation marks placed around a word or phrase to imply that it may not signify its
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apparent meaning or that it is not necessarily the way the quoting person would express its concept.”

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http://en.wikipedia.org/wiki/Scare_quotes. For example, Plaintiff has used quotation marks around

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words such as “not,” “is,” “prior,” “any,” etc. As the definition suggests, scare quotes can make it

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difficult for the Court to understand the author’s intended argument. For this reason, and for the

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parties’ own benefit, the Court respectfully requests that this convention not be overused.
Conclusion

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Plaintiff’s opposition (doc. 7) is stricken. Plaintiff shall comply with the Court’s order of July

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3, 2013.

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IT IS SO ORDERED.
Dated:

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July 23, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

icido34h

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