Piovo v. Stone et al

Filing 143

ORDER Denying 136 Motion to Strike and 137 Motion o Enter Default Against Defendant Ronald A. Colquitt. Signed by Magistrate Judge George Foley, Jr on 11/17/2014. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 13 JOSEPH EUGENE PIOVO, Individually and as Beneficiary of Vice Roy United Nations Credit and Commerce International Blind Trust, ) ) ) ) Plaintiff, ) ) vs. ) ) ROBERT STONE, et al., ) ) Defendants. ) __________________________________________) Case No. 2:13-cv-01922-APG-GWF ORDER Motion to Strike - #136 Motion to Enter Default - #137 14 15 This matter is before the Court on Plaintiff’s Motion to Strike Defendant Colquitt’s Answer 16 and Affirmative Defenses (#136), filed on October 24, 2014, and Plaintiff’s Motion to Enter 17 Default Against Defendant Ronald A. Colquitt (#137), filed on October 24, 2014. Defendants 18 Mortgage Electronic Registration Systems, Inc. and MERSCORP Holdings, Inc. filed their 19 Response to Plaintiff’s Motion to Strike (#138) on November 3, 2014. Defendant Ronald Colquitt 20 filed his Opposition to Plaintiff’s Motion to Strike (#139) on November 5, 2014. The Plaintiff filed 21 his Consolidated Reply (#142) on November 14, 2014. 22 Plaintiff requests that the Court strike the Answer and Affirmative Defenses filed by 23 Defendant Ronald Colquitt on the grounds that Colquitt improperly filed pro se motions in his own 24 defense. Colquitt filed his answer (#135) on his own behalf on October 15, 2014. Colquitt has 25 represented only himself throughout the litigation, and therefore can file motions pro se on his own 26 behalf. The motions were filed properly, and there are no grounds to strike or to enter default. 27 Accordingly, 28 ... 1 2 3 4 5 IT IS HEREBY ORDERED that Plaintiff’s Motion to Strike Defendant Colquitt’s Answer and Affirmative Defenses (#136) is denied. IT IS FURTHER ORDERED that Plaintiff’s Motion to Enter Default Against Defendant Ronald A. Colquitt (#137) is denied. DATED this 17th day of November, 2014. 6 7 8 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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