Guerra v. Just Mortgage Inc. et al

Filing 61

ORDER Granting 54 Defendant's Motion to Strike 53 Plaintiff's Response to Defendant's Answer to the Amended Complaint. Signed by Judge Kent J. Dawson on 6/1/11. (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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JOSEPH A. GUERRA,

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Plaintiff,

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v.

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Case No. 2:10-CV-00029-KJD-RJJ

JUST MORTGAGE INC., et al.,

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ORDER

Defendants.

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Currently before the Court is Defendant Chase Home Finance, LLC’s and Defendant

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Mortgage Electronic Registration Systems, Inc.’s (collectively, “Defendants”) Motion to Strike

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Plaintiff’s Response to Defendants’ Answer to the Amended Complaint (#54), pursuant to Fed. R.

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Civ. P. 12(f).

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On March 15, 2010, Plaintiff filed an Amended Complaint (#22) with the Court. On

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December 9, 2010, Defendants filed an Answer (#52) to Plaintiff’s Amended Complaint. Plaintiff

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subsequently filed a Response (#53) to Defendants’ Answer to Amended Complaint on December

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16, 2010.

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Under Fed. R. Civ. P. 7(a), a party may only file a response to an answer if it is so ordered by

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the Court. In the present case, the Court has not ordered that Plaintiff file a Response to the Answer;

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therefore, Plaintiff’s Response to Defendants’ Answer (#53) is a fugitive document and not permitted

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under the Federal Rules of Civil Procedure. The Court has considered the Opposition (#55) and the

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Reply (#56) and finds that, pursuant to Fed. R. Civ. P. 12(f), Plaintiff’s Response to Defendants’

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Answer (# 53) should be stricken from the record.

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IT IS HEREBY ORDERED that Defendants’ Motion to Strike Plaintiff’s Response to
Defendants’ Answer to the Amended Complaint (#54) is GRANTED.
DATED this 1st of June 2011.

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_____________________
Kent J. Dawson
United States District Judge

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