Mehudar v. Acklin, et al

Filing 69

ORDER that the Clerk of Court must strike Plaintiff's 67 Motion: Show Cause as to Why Default Judgment Has Not Been Issued Notice: Right of Suffrage; Copyright: Jurat Affidavits. Signed by Magistrate Judge Carl W. Hoffman on 4/3/2017. (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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HEATHER MEHUDAR,

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Plaintiff,
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vs.
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GENEVIE ACKLIN, et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-00304-RFB-CWH
ORDER

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Presently before the court is pro se Plaintiff Heather Mehudar’s Motion: Show Cause as to

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Why Default Judgment Has Not Been Issued Notice: Right of Suffrage; Copyright: Jurat Affidavits

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(ECF No. 67), filed on March 23, 2017.

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Under Local Rule 7-2(a), all motions must be supported by a memorandum of points and

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authorities. “The failure of a moving party to file points and authorities in support of the motion

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constitutes a consent to the denial of the motion.” LR 7-2(d). Additionally, motions are limited to

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24 pages, excluding exhibits, absent a showing of good cause for filing an oversized document and

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court approval. LR 7-3(b)-(c). “The court may strike any document that does not conform to an

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applicable provision of [the court’s local rules] or any Federal Rule of Civil or Criminal

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Procedure.” LR IA 10-1(d).

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Here, Plaintiff’s motion is 107 pages long and consists of an amalgam of copy-and-pasted

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correspondence, legal authority, tax documents, and Plaintiff’s affidavits, among other items.

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There is no demarcation between these items that indicates what is intended to be points and

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authorities and what is intended to be exhibits. Nor is there any structure or organization that

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enables the court to understand the relationship of these items to each other or to the other filings in

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this case as a whole.

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Plaintiff’s failure to file a coherent memorandum of points and authorities in support of her

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motion constitutes a consent to the denial of the motion under Local Rule 7-2(d). Additionally,

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Plaintiff did not request leave of court to file an oversized brief and has not shown good cause

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under Local Rule 7-3(c) to file a motion that is more than four times the page limit. The court

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therefore will strike Plaintiff’s motion for failure to comply with the court’s local rules.

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This is not the first occasion that Plaintiff has failed to follow the court’s orders and local

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rules. Plaintiff previously has been advised that “any additional failures to comply with the court’s

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orders and local rules of practice may subject her to sanctions under Local Rule IA 11-8(c)-(d).”

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(Order (ECF No. 66) at 2.) Given that the court is striking Plaintiff’s motion, it will not impose

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additional sanctions for Plaintiff’s failure to comply with the court’s local rules at this time. But

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Plaintiff is once again advised that any additional failures to comply with the court’s orders and

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local rules may subject her to sanctions under Federal Rule of Civil Procedure 16(f) and/or Local

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Rule IA 11-8(c)-(d).

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IT IS THEREFORE ORDERED that the Clerk of Court must STRIKE Plaintiff Heather

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Mehudar’s Motion: Show Cause as to Why Default Judgment Has Not Been Issued Notice: Right

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of Suffrage; Copyright: Jurat Affidavits (ECF No. 67).

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DATED: April 3, 2017

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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