Anthony v. Equifax Information Services, LLC et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 1/9/2018 ORDERING that the Defendant shall be permitted to refile the motion to strike with updated citations and references within seven (7) days of this order. Plaintiff did not file a response to the original motion to strike, but shall be granted seven (7) days from the date Defendant files the motion to submit a response. Should Defendant fail to timely refile the motion to strike, the Court will consider the motion abandoned and will not rule on the merits of the motion.(Becknal, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT JAMES ANTHONY,
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No. 2:13-cv-01424-TLN-CKD
Plaintiff,
v.
ORDER
EQUIFAX INFORMATION SERVICES,
LLC, and TRANS UNION LLC,
Defendants.
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The Court has reviewed the docket in this matter and briefing made in connection with
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Defendant Equifax Information Services LLC’s (“Defendant”) Refiled Motion for Summary
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Judgement (ECF No. 111). The Court notes that in its reply, Defendant references a motion to
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strike previously filed in connection with Defendant’s first motion for summary judgement.
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(ECF No. 50.) The Court denied Defendant’s previous motion for summary judgement without
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prejudice in its order granting an impleader. (ECF No. 89.) While not explicitly mentioned in the
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order, the Motion to Strike (ECF No. 61) was necessarily denied as it was made solely against the
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declarations filed in support of Plaintiff’s opposition (ECF Nos. 54 & 55).
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Defendant relies on the motion to strike in connection with its refiled motion for summary
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judgment, but did not reassert or refile the motion to strike. The Court recognizes that it took
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Defendant’s refiled motion for summary judgment under submission in March 2016, over 20
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months ago. However, the Court cannot in good conscience inform Defendant that no such
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motion to strike is currently pending when the Court did not explicitly mention it in the Order
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granting impleader. Thus, Defendant shall be permitted to refile the motion to strike with updated
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citations and references within seven (7) days of this order. Plaintiff did not file a response to the
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original motion to strike, but shall be granted seven (7) days from the date Defendant files the
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motion to submit a response. Should Defendant fail to timely refile the motion to strike, the
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Court will consider the motion abandoned and will not rule on the merits of the motion.
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IT IS SO ORDERED.
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Dated: January 9, 2018
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Troy L. Nunley
United States District Judge
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