Colter v. LaHood et al

Filing 28

ORDER granting 24 Motion to Strike Documents #14, #16, #17, #18, #19, #20, #21, and #22. Signed by Judge Philip M. Pro on 8/4/11. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:11-cv-00630-PMP -RJJ Document 24

1
2
3
4
5
6

Filed 07/25/11 Page 1 of 5

DANIEL G. BOGDEN
United States Attorney
Nevada Bar Number 2137
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney
Nevada Bar Number 1925
Lloyd D. George United States Courthouse
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Counsel for the United States of America and Ray LaHood

7
8
9
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12

RICHARD GLEN COLTER

13
14
15
16
17
18

Plaintiff,
v.
RAY LaHOOD, BRIAN SANDOVAL,
STATE OF NEVADA, and
UNITED STATES OF AMERICA,
Defendants

)
)
)
)
)
)
)
)
)
)
)

2:11-CV-00630-PMP-(RJJ)

UNITED STATES OF AMERICA’S MOTION TO VACATE/STRIKE DOCUMENT #14,
#16, #17, #18, #19, #20, #21, AND #22, AND ORDER

19
20

The United States of America (“United States”), by and through Daniel G. Bogden, United

21

States Attorney for the District of Nevada, and Daniel D. Hollingsworth, Assistant United States

22

Attorney, respectfully moves this Honorable Court for an Order to vacate or to strike Document #14,

23

#16, #17, #18, #19, #20, #21, and #22.

24

The reason for granting this motion is the documents are moot because this Court granted the

25

State of Nevada’s Motion for a More Definite Statement/Motion to Strike Colter’s complaint and

26

Colter has until August 8, 2011, to file an amended complaint. #15.

Case 2:11-cv-00630-PMP -RJJ Document 24

1

Filed 07/25/11 Page 2 of 5

This Motion is made and is based on the pleadings and papers on file herein and the attached

2

Memorandum of Points and Authorities

3

DATED: July 25, 2011

4

Respectfully submitted,

5

DANIEL G. BOGDEN
United States Attorney

6
/s/ Daniel D. Hollingsworth
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2

Case 2:11-cv-00630-PMP -RJJ Document 24

1

Filed 07/25/11 Page 3 of 5

MEMORANDUM OF POINTS AND AUTHORITIES

2

Richard Glen Colter (“Colter”) filed a Complaint on April 22, 2011, because he was cited for

3

speeding in Esmeralda County, Nevada. Docket #1. Colter filed Petitioner’s Declaration Supporting

4

Writ of Mandamus and Petition to Remove and Stay Proceedings. #2. He filed a Motion for

5

Preliminary Injunction and Declaratory Relief and Motion to Stay Proceedings. #3. On May 13, 2011,

6

this Court denied Colter’s Motions for Preliminary Injunction, Declaratory Relief, and Stay of

7

Proceedings in Esmeralda County. #9.

8

The State of Nevada filed its Motion for a More Definite Statement/Motion to Strike Colter’s

9

Complaint. #10. The United States filed an Amended Motion to Extend the time to file a Motion to

10

Dismiss Colter’s Complaint. #13. This Court granted the United States’s motion, ordering the motion

11

to dismiss was due on July 27, 2011. #14. Subsequently, this Court granted the State of Nevada’s

12

Motion for a More Definite Statement/Motion to Strike Colter’s Complaint by ordering Colter to file

13

an amended Complaint against all defendants by August 8, 2011. #15.

14

Because no complaint currently exists, the filing of a motion to dismiss or responding to

15

numerous documents is moot. This Court should vacate or strike #14, #16, #17, #18, #19, #20, #21,

16

and #22.

17

...

18

...

19

...

20

...

21

...

22

...

23

...

24

...

25

...

26

...
3

Case 2:11-cv-00630-PMP -RJJ Document 24

1
2
3

Filed 07/25/11 Page 4 of 5

Based on the reason of no complaint, the United States requests this Court to vacate or to
strike #14, #16, #17, #18, #19, #20, #21, and #22.
DATED: July 25, 2011.

4

DANIEL G. BOGDEN
United States Attorney

5
6

/s/DanielDHollingsworth
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney

7
8
9
10

IT IS SO ORDERED:

11
12
13
UNITED STATES DISTRICT JUDGE
August 4, 2011.
DATED:

14
15
16
17
18
19
20
21
22
23
24
25
26
4

Case 2:11-cv-00630-PMP -RJJ Document 24

1

Filed 07/25/11 Page 5 of 5

PROOF OF SERVICE

2

I, Daniel D. Hollingsworth, certify that the following individuals were served with copies of

3

UNITED STATES OF AMERICA’S MOTION TO VACATE/STRIKE DOCUMENT #14, #16,

4

#17, #18, #19, #20, #21, AND #22, AND ORDER on July 25, 2011, by the below identified method

5

of service:

6

First Class Mail

7
8

Richard Glen Colter
P.O. Box 11312
Pleasanton, California 94588

9

CM/ECF

10
11

Roger G. Madsen
[e-mail]
Counsel for Brain Sandoval and State of Nevada

12
13
14

/s/ DanielDHollingsworth
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney

15
16
17
18
19
20
21
22
23
24
25
26
5