Holt v. US Bank N.A. et al

Filing 43

ORDER Denying 42 Motion to Strike. Signed by Magistrate Judge Carl W. Hoffman on 5/30/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RODNEY HOLT,

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Plaintiff,
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vs.
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U.S. BANK N.A.,
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Defendants.
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____________________________________)

Case No. 2:12-cv-00463-KJD-CWH
ORDER

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This matter is before the Court on Plaintiff’s Motion to Strike (#42), filed May 25, 2012.
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This is the fourth motion to strike filed by Plaintiff in this matter.
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Courts disfavor motions to strike. Colaprico v. Sun Microsystems, Inc., 758 F.Supp. 1335,
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1339 (N.D.Cal.1991) (“[M]otions to strike should not be granted unless it is clear that the matter to
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be stricken could have no possible bearing on the subject matter of the litigation.”) (citing sources);
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United States v. 729.773 Acres of Land, More or Less, Situate in City and County of Honolulu, 531
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F.Supp. 967, 971 (D.Haw.1982) (“A motion to strike is a severe measure and it is generally viewed
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with disfavor.”); Bureerong v. Uvawas, 922 F.Supp. 1450, 1478 (C.D.Cal.1996) (“Rule 12(f)
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motions are generally disfavored because they are often used as delaying tactics, and because of the
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limited importance of pleadings in federal practice.”) (citations and omitted).
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Here, Plaintiff requests that the Court strike Defendant’s responses (#28) and (#30),
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asserting that each is an impermissible surreply. The Court disagrees. Defendant’s response (#28)
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pertained to Plaintiff’s motion to strike (#24), which has been denied. See Order (#40).
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Defendant’s response (#30) pertains to Plaintiff’s motion to strike (#25) and, as such, is permitted
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under this Court’s Local Rules. See LR 7-2(b) (allowing a nonmoving party to file and serve a
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response to a motion within fourteen (14) days after service of the motion).
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Based on the foregoing and good cause appearing therefore,
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IT IS HEREBY ORDERED that Plaintiff’s Motion to Strike (#42) is denied.

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DATED this 30th day of May, 2012.

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

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