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