Phillips v. VA Administration East Clinic et al

Filing 110

ORDER Granting LVMPD Defendants' 105 Motion to Strike. The Clerk of the Court shall strike Plaintiff's 102 Declaration of Rights Biven Agents. Signed by Magistrate Judge George Foley, Jr on 7/26/2016. (Copies have been distributed pursuant to the NEF - SLD)

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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 Defendant’s Sheriff Joseph Lombardo, Officer Jeremy

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McCrimmon, and Officer Kevin Collmar’s (collectively the “LVMPD Defendants”) Motion to

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Strike (ECF No. 105), filed on July 6, 2016. Defendant Kevin Hagerty, DC filed a Joinder (ECF

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No. 106) on July 7, 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 of Rights Biven Agent / Motion of

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Interim Status Reports LR 26-3 / And Quo (ECF No. 102) is “confusing, irrelevant and immaterial

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to [Plaintiff’s] case as it has no purpose and requests no proper relief.” Motion to Strike (ECF No.

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105), pg. 2, lns. 20–21. The 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 (ECF No. 105)

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is granted. The Clerk of the Court shall strike Plaintiff’s “Declaration of Rights Biven Agent /

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Motion of Interim Status Reports LR 26-3 / And Quo” (ECF No. 102).

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DATED this 26th day of July, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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