Phillips v. VA Administration East Clinic et al

Filing 103

ORDER granting ECF No. 98 Motion to Strike : Clerk shall strike Plaintiff's Declaration of Rights (ECF No. 97 ). Signed by Magistrate Judge George Foley, Jr on 6/23/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLES B. PHILLIPS,

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Plaintiff,
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vs.
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VA ADMINISTRATION EAST CLINIC, et al.,
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Defendants.
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__________________________________________)

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Case No. 2:15-cv-02024-LDG-GWF
ORDER

This matter is before the Court on the LVMPD Defendants’ Motion to Strike Plaintiff’s

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Declaration of Rights Biven Agent/Plaintiff’s Motion for Sustainability to FRCP Rule 57 and Rule

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39 (ECF No. 98), filed on May 31, 2016. Defendant Kevin Hagerty, DC filed a Joinder (ECF No.

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98) on June 1, 2016.

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To date, Plaintiff has not responded to this motion and the time for opposition has now

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passed. Local Rule 7-2(d) states in pertinent part, that “[t]he failure of an opposing party to file

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points and authorities in response to any motion shall constitute a consent to the granting of the

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motion.” As a result, the Court will grant the present motion.

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In addition, Federal Rule of Civil Procedure 12(f) provides that “a court may strike from a

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pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.”

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The LVMPD Defendants argue that Plaintiff’s Declaration/Motion for Sustainability (ECF No. 97)

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is “irrelevant and immaterial to [Plaintiff’s] case as it has no purpose; requests no proper relief; and

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is non-responsive to the Motion to Strike.” Motion to Strike (ECF No. 98), pg. 2, lns. 16–17. The

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Court agrees. Accordingly,

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...

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...

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IT IS HEREBY ORDERED that the LVMPD Defendants’ Motion to Strike Plaintiff’s

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Declaration of Rights Biven Agent/Plaintiff’s Motion for Sustainability to FRCP Rule 57 and Rule

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39 (ECF No. 98) is granted. The Clerk of the Court shall strike Plaintiffs “Declaration of Rights

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Biven Agent/Plaintiff’s Motion for Sustainability to FRCP Rule 57 and Rule 39” (ECF No. 97).

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DATED this 23rd day of June, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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