Maddin, Inc. v. Allied Insurance Company of America

Filing 47

ORDER that the Clerk Enter the Motions to Strike attached to 41 Response and 45 Reply. Signed by Judge Kent J. Dawson on 9/3/2014. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

MADDIN, INC.,

8

Case No. 2:13-CV-827-KJD-NJK
Plaintiff,
ORDER

9
10

v.
ALLIED INSURANCE COMPANY OF
AMERICA, et al.,

11
Defendants.
12
13
Before the Court is Defendants’ Motion for Summary Judgment (#39). Plaintiff

14
15

responded (#43), and Defendants replied (#45). However, contained within the reply is a Motion

16

to Strike Unsupported Factual Assertions. This contravenes Special Order 109(III)(F)(4) which

17

reads:

18
19
20
21

A separate document must be filed for each type of document or
purpose. Examples: separate documents must be filed for response
and motion rather than a response and counter motion in one
document. Motions may ask for only one type of unrelated relief
thus, rather than filing a motion to severe [sic] and to dismiss, a
separate motion to severe [sic] and a separate motion to dismiss
must be filed.

22

As the resolution of the Motion to Strike will impact the resolution of the underlying Motion for

23

Summary Judgment, the Court cannot yet resolve the underlying motion (#39).

24

Also before the Court is Plaintiff Maddin’s (“Plaintiff”) Motion for Summary Judgment

25

(#40) to which Defendants responded (#41) and Plaintiff replied (#44). However, contained

26

within the response is a Motion to Strike Unsupported Factual Assertions. This too contravenes

1

Special Order 109(III)(F)(4) for precisely the same reasons, and similarly precludes resolution of

2

the instant Motion for Summary Judgment. Defendants are admonished to abide by Special

3

Order 109 in all particulars going forward.

4

Accordingly, the Court HEREBY ORDERS the Clerk to enter the Motions to Strike

5

(#45, attachment #2; #41, attachment #18) as separate motions to strike, including a time for

6

response and reply calculated from the date of entry of the Motions to Strike as separate orders.

7

The parties will have these timeframes in which to respond and reply respectively to these two

8

motions. The Court will return to the motions for summary judgment once the motions to strike

9

have been resolved.

10
11

DATED this 3rd day of September 2014.

12
13

_____________________________
Kent J. Dawson
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26

2