Akers et al v. Keszei et al

Filing 365

ORDER Denying 363 Plaintiff's Motion to Strike. Signed by Magistrate Judge George Foley, Jr on 2/7/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MONTGOMERY CARL AKERS,

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Plaintiff,
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vs.
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JAMES KESZEI, et al.,
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Defendants. )
__________________________________________)

Case No. 2:07-cv-00572-JCM-GWF
ORDER
Plaintiff’s Motion to Strike
Reply (#363)

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This matter comes before the Court on Plaintiff’s Motion to Strike the Reply Memorandum

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of Defendant James Keszei Under Federal Rules of Civil Procedure 11 Pre-Filing Investigation

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Clause (#363), filed on January 27, 2012, and Defendant Keszei’s Response to Plaintiff’s Motion

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to Strike Reply Brief (#364), filed on January 30, 2012. Plaintiff requests that the Court strike

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Defendant Keszei’s Reply in Support of his Motion to Dismiss (#355) because Defendant Keszei

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violated Federal Rule of Civil Procedure 11 by filing pleadings without conducting reasonable

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investigation. Plaintiff points to several statements in Defendant Keszei’s Reply, which he believes

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are “void of proof and truth.” Upon review, the Court finds Plaintiff’s motion without merit. The

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Court will not strike Defendant Keszei’s Reply simply because Plaintiff disagrees with the

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characterization of certain facts. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Strike the Reply Memorandum of

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Defendant James Keszei Under Federal Rules of Civil Procedure 11 Pre-Filing Investigation Clause

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(#363) is denied.

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DATED this 7th day of February, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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