Bates et al v. Dollar Loan Center, LLC et al

Filing 99

ORDER. The Court STRIKES 14 , 15 , 16 , 17 , 27 , 28 , 33 , 44 , 45 , 46 , 47 , 48 , 49 , 51 , 69 , 70 , 71 , 73 , 74 , 75 , 79 , 80 , 81 , 82 , 83 , 84 , 85 , 86 . Defendants must file any renewed motion for summary judgment on or before June 11, 2014. Plaintiff's response will be due on or before June 25, 2014. Any reply will be due on or before July 2. Signed by Judge Kent J. Dawson on 5/27/14. (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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***

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PASQUAIL BATES, et al.,

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Case No. 2:13-CV-1731-KJD-CWH

Plaintiff,
ORDER

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v.
DOLLAR LOAN CENTER, LLC, et al.,

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Defendant.

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Before the Court are Motions for Summary Judgment (##14-17) filed by Defendants

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Dollar Loan Center, LLC, et al. (“Defendants”). Plaintiffs Pasquail Bates et al. (“Plaintiffs”)

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opposed the motions (#33) and Defendants replied (##46-49). However, in addressing these

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motions, the following substantive motions (not to mention a host of procedural motions) are

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also necessarily before the Court:

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#44 Notice of Objections to Plaintiffs’ response (#33)

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#45 Motion to Strike Plaintiffs’ response (#33)

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#69 Errata to Plaintiffs’ response (#33)

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#70 Response to the Notice of Objections and Motion to Strike (##44, 45)

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#71 Objections to the Errata (#69)

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#73 Motion for Leave to File Surreply in Support of Plaintiffs’ Response (#33)

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#74 Reply to the Motion to Strike (#45)

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#75 Response to the Objection to the Errata (#71)

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#79 Request for Judicial Notice regarding the underlying motions for summary judgment,

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a motion for joinder, and a motion to stay discovery
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#80 Motion for Hearing regarding the Motion to Strike (#45)

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#81 Response to the Motion for Leave to File Surreply (#73)

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#82 Reply to the Objections to the Errata (#71)

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#83 Notice of Supplemental Legal Authority regarding the underlying motions for
summary judgment

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#84 Reply to the Motion for Leave to File Surreply (#73)

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#85 Response to the Request for Judicial Notice (#79)

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

#86 Response to Notice of Supplemental Legal Authority (#83)

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The underlying motions for summary judgment are buried beneath this tangle of filings.

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Under Federal Rule of Civil Procedure 11, the parties certify to the Court that 1) the filings

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are “not being presented for any improper purpose, such as to harass, cause unnecessary delay, or

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needlessly increase the cost of litigation;” 2) “the claims, defenses, and other legal contentions

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are warranted by existing law or by a nonfrivolous argument for extending, modifying, or

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reversing existing law or for establishing new law;” 3) “the factual contentions have evidentiary

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support or, if specifically so identified, will likely have evidentiary support after a reasonable

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opportunity for further investigation or discovery;” and 4) “the denials of factual contentions are

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warranted on the evidence or, if specifically so identified, are reasonably based on belief or a

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lack of information.” Fed. R. Civ. P. 11(b)

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Examples of needless filings are abundant on both sides. However, many of the issues

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presented could easily have been resolved by letter or oral communication rather than through

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formal pleadings. Such practice would conserve not only the clients’ resources, but the resources

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of the Court as well. Professional courtesy would seem to demand such behavior.

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Similarly, when a party makes a filing, professional courtesy, the Rules, and this Court

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demand that the filing be only what it purports to be. For example, an errata is designed to

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correct clerical or similar minute errors. It is not a vehicle for making any substantive additions

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to a motion, including arguments or affidavits.

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Sanctions as provided under Rule 11 and within this Court’s inherent authority are available

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to deal with discourtesy and gamesmanship. The Court will require the very highest level of

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professional courtesy from all involved for the remainder of this matter. Motions will be

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complete, concise, and candid.

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Given the tangled briar produced by the parties’ filings to this point, the Court is forced

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to prune them back. The Court HEREBY STRIKES ##14, 15, 16, 17, 27, 28, 33, 44, 45, 46, 47,

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48, 49, 51, 69, 70, 71, 73, 74, 75, 79, 80, 81, 82, 83, 84, 85, 86. Defendants must file any

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renewed motion for summary judgment on or before June 11, 2014. Plaintiff’s response will be

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due on or before June 25, 2014. Any reply will be due on or before July 2. This abbreviated

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timeline is more than generous given the parties’ voluminous filings on these matters to date.

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The parties will distill any merit from the previous filings and present it to the Court concisely

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and candidly.

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DATED this 27th day of May 2014.

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_____________________________
Kent J. Dawson
United States District Judge

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