Porter et al v. Bank of America, N.A. et al

Filing 25

ORDER Striking Plaintiff's 23 Notice of Counter-Offer / Settlement Offer, signed by Magistrate Judge Stanley A. Boone on 5/5/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONNA PORTER, et al.,

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ORDER STRIKING PLAINTIFFS’ NOTICE
OF COUNTER-OFFER/SETTLEMENT
OFFER

Plaintiffs,

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Case No. 1:14-cv-00431-LJO-SAB

v.
BANK OF AMERICA, N.A., et al.,

ECF NO. 23

Defendants.

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On May 1, 2014, Plaintiffs Donna Porter and Lynn Porter (“Plaintiffs”) filed a document

18 with the Court entitled “Notice of Counter-Offer/Settlement Offer.” (ECF No. 23.) It is unclear
19 why this document was sent by Plaintiffs to the Court. Since this document has no apparent
20 purpose with the Court, the Court will strike the document from its records.
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Plaintiffs’ filing also contains archaic legal verbiage, commonly associated with the

22 common law pleading practice, that serves no purpose in modern pleading practice. Plaintiffs
23 are advised that common law pleading and procedural practice has long been abolished by the
24 adoption of the Federal Rules of Civil Procedure in 1937, and it is no longer necessary to recite
25 archaic and complex legal terms in pleadings filed with the Court. See 5 Charles Alan Wright &
26 Arthur R. Miller, Federal Practice and Procedure § 1181 (3d ed. 2012) (discussing modern
27 “simple and elastic pleading and motion procedure ... placing a minimum emphasis on form” and
28 the abolishment of “ancient procedural dogma”).

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Based upon the foregoing, it is HEREBY ORDERED that Plaintiffs’ May 1, 2014

2 “Notice of Counter-Offer/Settlement Offer” is STRICKEN from the record.
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IT IS SO ORDERED.
Dated:

May 5, 2014
UNITED STATES MAGISTRATE JUDGE

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