Williams v. Gold Coast Hotel and Casino et al

Filing 67

ORDER Granting 66 Motion for Amendment of Document Names. The Clerk of Court is instructed to identify Plaintiffs motions 37 and 38 as replies to the appropriate pending motions. Denying as moot 48 and 54 Motion to Dismiss. Signed by Magistrate Judge Carl W. Hoffman on 5/21/2012. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 SOFIA A. WILLIAMS, 11 12 13 14 15 ) ) Plaintiff, ) ) vs. ) ) GOLD COAST HOTEL AND CASINO, et al., ) ) ) Defendants. ) __________________________________________) Case No. 2:11-cv-02112-KJD-CWH ORDER 16 This matter is before the Court on Plaintiff’s Motion for Amendment of Document Names 17 (#66), filed May 16, 2012. 18 Plaintiff is proceeding in this matter pro se and is not familiar with filing practices. She 19 requests that the Court amend the caption of several filings so that they are properly identified on the 20 docket. The Court has reviewed the docket and agrees that, in the interest of clarity, the following 21 filings need to be addressed: 22 1. Plaintiff’s Motion to Dismiss (#38), filed March 19, 2012, is a reply to Defendants’ 23 responses to Plaintiff’s motion (#16), and 24 2. Plaintiff’s Motion to Dismiss (#37), filed March 19, 2012, is a reply to Defendant United 25 States Motion to Dismiss (#20). 26 The Clerk of Court is instructed to terminate Plaintiff’s motions (#37) and (#38) and identify each as a 27 reply to the appropriate pending motions. As a result of this action, Defendants’ Motion to Strike 28 (#48), filed March 29, 2012, and Plaintiff’s Motion to Dismiss (#54), filed April 13, 2012, are moot. 1 Additionally, Plaintiff’s incorrectly captioned Motion to Dismiss (#47) is a surreply. Normally, 2 a litigant must request leave to file a surreply. Nevertheless, because Plaintiff is proceeding pro se the 3 Court must construe her pleadings liberally. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 4 (9th Cir. 1988). Accordingly, the Court will not strike improper surreply but will afford it the weight it 5 deserves, if any, in consideration of the Defendant’s Motion to Dismiss (#12). 6 Based on the foregoing and good cause appearing therefore, 7 IT IS HEREBY ORDERED that Plaintiff’s Motion for Amendment of Document Names 8 (#66) is granted. The Clerk of Court is instructed to identify Plaintiff’s motions (#37) and (#38) as 9 replies to the appropriate pending motions. 10 11 12 13 14 IT IS FURTHER ORDERED that Defendants’ Motion to Strike (#48) and Plaintiff’s Motion to Dismiss (#54) are denied as moot. IT IS FURTHER ORDERED that the Clerk of Court identify Plaintiff’s incorrectly captioned Motion to Dismiss (#47) as a surreply to Defendant’s Motion to Dismiss (#12). Dated this 21st day of May, 2012. 15 16 17 ___________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 2

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