Miller v. Countrywide Home Loans, Inc., n/k/a Bank of America, N.A. et al

Filing 55

ORDER Granting 50 Motion to Strike 43 Notice of Failure to Validate 2nd Debt Validation Sworn, striking 52 Motion for Production, and Striking 54 Motion to Compel. IT IS FURTHER ORDERED that the Clerk shall accept no further filings in this matter as it has been consolidated under 2:11-cv-00987-GMN-CWH. Signed by Magistrate Judge Carl W. Hoffman on 10/31/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JEAN MILLER,

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Plaintiff,
vs.
COUNTRYWIDE HOME
LOANS, INC., et al.,

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Defendants.
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2:11-cv-00988-GMN-CWH
ORDER

This matter is before the Court on Defendant’s Motion to Strike (#50), filed September

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21, 2011; Plaintiff’s Motion for Production (#52), filed September 29, 2011; and Plaintiff’s

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Motion to Compel (#54), filed September 30, 2011.

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1. Defendant’s Motion to Strike (#50)

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By way of this motion, Defendants’ request that the Court strike Plaintiff’s Notice of

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Failure to Validate Debt (#43). Plaintiff has failed to file any sort of response to Defendants’

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motion. Pursuant to Local Rule 7-2(d), “The failure of an opposing party to file points and

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authorities in response to any motion shall constitute a consent to the granting of the motion.”

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2. Plaintiff’s Motion for Production (#52) and Plaintiff’s Motion to Compel (#54)

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The Court considers each these filings to be discovery papers. Pursuant to Local Rule 26-

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8, “[u]nless ordered by the Court, written discovery ... shall not be filed with the Court.”

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Discovery requests are served on the party to whom the discovery is directed and discovery

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responses are served on the party who served the discovery request.

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Defendant’s Motion to Strike (#50) is granted. The

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Clerk’s office is instructed to strike Plaintiff’s Notice of Failure to Validate Debt (#43)
IT IS FURTHER ORDERED that the Clerk shall strike Plaintiff’s Motion for

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Production (#52) and Plaintiff’s Motion to Compel (#54) from the record.
IT IS FURTHER ORDERED that the Clerk shall accept no further filings in this matter
as it has been consolidated under 2:11-cv-00987-GMN-CWH.
DATED this 31st day of October, 2011.

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C.W. Hoffman, Jr.
United States Magistrate Judge

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