Johnson v. Social Security Administration

Filing 17

ORDER denying 16 Motion to Strike. Signed by Magistrate Judge Michael North on 5/22/2014. (lag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
THEODORE JOHNSON

CIVIL ACTION

VERSUS

NUMBER: 13-6544

CAROLYN COLVIN, ACTING
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION

SECTION: “E”(5)

ORDER ON MOTION
MAY 22, 2014
APPEARANCES:
MOTION:
(1)

Plaintiff’s Motion to Strike (Rec. doc. 16).
:

Continued to

:

No opposition

:

Opposition

ORDERED
:

Dismissed as moot.

:

Dismissed for failure of counsel to appear.

:
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Granted.

:

Denied. A motion to strike is generally disfavored as an extreme remedy,
Pigford v. Veneman, 225 F.R.D. 54, 58 (D. D.C. 2005), and can be directed only
at “pleadings”, of which motions for summary judgment and the memoranda
supporting them are not. Ranch Realty, Inc. v. DC Ranch Realty, LLC, 614
F.Supp. 2d 983, 986 n. 1 (D. Ariz. 2007); Petaway v. City of New Haven Police
Dept., 541 F.Supp. 2d 504, 507 (D. Conn. 2008); Natural Resources Defense
Council v. Kempthorne, 539 F.Supp. 2d 1155, 1161-62 (E.D. Cal. 2008).

:

Other.

MICHAEL B. NORTH
UNITED STATES MAGISTRATE JUDGE

2