Howard v. Foley et al

Filing 5

ORDER Granting 4 Ex Parte Motion to Strike Exhibit A to 1 Complaint, filed by Chris Howard. Signed by Magistrate Judge George Foley, Jr on 1/23/13. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 CHRIS HOWARD, ) ) Plaintiff, ) ) vs. ) ) DAVID FOLEY, et al., ) ) Defendants. ) __________________________________________) Case No. 2:13-cv-00028-MMD-GWF ORDER Motion to Strike (#4) 12 13 This matter comes before the Court on Plaintiff’s Motion to Strike Exhibit A to his 14 Complaint (#4), filed on January 17, 2013. Plaintiff filed his Complaint (#1) on January 7, 2013. 15 Defendants have not yet filed an answer. Plaintiff now represents that he inadvertently filed as 16 Exhibit A to his Complaint a document upon which he intended to make redactions. Plaintiff 17 therefore seeks to strike Exhibit A from his Complaint. Under Federal Rule of Civil Procedure 18 15(a)(1)(B), Plaintiff is also permitted to amend his Complaint one time as a matter of course until 19 21 days after being served with an answer. Accordingly, 20 21 IT IS HEREBY ORDERED that Plaintiff’s Ex Parte Motion to Strike Exhibit A to Plaintiff’s Complaint (#4) is granted. 22 IT IS FURTHER ORDERED that Exhibit A to Plaintiff’s Complaint (#1) is stricken. 23 DATED this 23rd day of January, 2013. 24 25 26 27 28 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge

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