Rowe v. Clark County School District et al
Filing
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ORDER that 104 and 105 Defendants' Motions to Strike are GRANTED. The Clerk shall STRIKE 102 Plaintiff Michael Rowe's Amended Motion to Compel a Dismissal Hearing and 103] Letter to Your Honor. Signed by Magistrate Judge Peggy A. Leen on 6/23/17. (Copies have been distributed pursuant to the NEF - MMM) Modified on 6/26/2017 to link to correct motions (MMM).
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MICHAEL ROWE,
v.
Case No. 2:16-cv-00661-JCM-PAL
Plaintiff,
ORDER
CLARK COUNTY SCHOOL DISTRICT, et
al.,
(Mots. to Strike – ECF No. 104, 105)
Defendants.
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This matter is before the court on Defendants Clark County School District and Clark
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County School District Police Department’s: Motion to Strike Plaintiff’s Amended Motion to
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Compel a Dismissal Hearing [Doc. 102] (ECF No. 104) and Motion to Strike Plaintiff’s Letter to
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Your Honor [Doc. 103] (ECF No. 105). These Motions are referred to the undersigned pursuant
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to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 of the Local Rules of Practice. The court has
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considered the Motions, Plaintiff Michael Rowe’s Response (ECF No. 111), and the Joinders (ECF
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Nos. 108, 108) of Defendant Clark County Education Association.
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“It is well established that district courts have inherent power to control their docket.”
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Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010). This includes the power
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to strike improperly filed items from the docket. Id. at 404–05; Lazy Y Ranch Ltd. v. Behrens, 546
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F.3d 580, 586–87, 588 (9th Cir. 2008). Such power is indispensable to the court’s ability to enforce
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its orders, manage its docket, and regulate insubordinate litigant conduct. Adobe Sys. Inc. v.
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Christenson, 891 F. Supp. 2d 1194, 1201 (D. Nev. 2012).
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Additionally, Rule 11 of the Federal Rules of Civil Procedure provides that sanctions may
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be imposed on an unrepresented party who signs a paper that is either filed with the court for an
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improper purpose or is frivolous. See Nugget Hydroelectric, L.P. v. Pacific Gas & Elec. Co., 981
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F.2d 429, 439 (9th Cir. 1992) (upholding Rule 11 sanctions because a party’s second motion to
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compel largely duplicated the first) (citing Townsend v. Holman Consulting Corp., 929 F.3d 1358,
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1362 (9th Cir. 1990) (en banc)). Once a motion is filed, filing a duplicate motion will not speed
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up the court’s review of a movant’s request since motions are generally addressed in the order
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which they were filed. To the contrary, filing duplicate motions increases the court’s workload
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and generally delays decision while a new round of responses and reply deadlines run.
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Defendants’ Motion to Strike (ECF No. 104) points out that Mr. Rowe’s Amended Motion
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to Compel a Dismissal Hearing (ECF No. 102) contains a duplicative request for relief. Local
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Rule 7-2 allows a motion, a response, and a reply. The Federal Rules of Civil Procedure and the
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Local Rules of Practice do not provide for a “surreply” (i.e., a second opposition) or a supplemental
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filing (i.e., an “amended motion”) as a matter of right. See LR 7-2(g) (“A party may not file
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supplemental pleadings, briefs, authorities, or evidence without leave of court granted for good
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cause.”). Rowe’s Amended Motion was filed without leave of the court and in violation of the
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Local Rules. The court will not permit Mr. Rowe to circumvent the rules in a never ending attempt
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to have the last word or to enhance his filings. Thus, the Amended Motion will be stricken.
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Defendants’ Motion to Strike (ECF No. 105) asks the court to strike a letter addressed to
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“Your Honor” in which Mr. Rowe discusses the filing of an amended motion to compel “dismissal
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arbitration.” This court has previously explained to him that “letters to the court . . . are not motions
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authorized by the Federal Rules of Civil Procedure or the Local Rules of Practice.” Mar. 27, 2017
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Order (ECF No. 96). Thus, the court explicitly informed him that he is not permitted to send his
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judges case-related correspondence such as letters.
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communications with the court must be styled as a motion, stipulation, or notice”). Accordingly,
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the court will grant Defendants’ motion and strike the letter.
See LR IA 7-1(b) (stating that “all
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Litigation misconduct includes the filing of procedurally improper documents. The court
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cautions Mr. Rowe that filing multiple motions requesting the same relief is an abusive litigation
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tactic that taxes the resources of the court and all of the parties to this lawsuit. Rowe is warned
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that continued filing of letters, requesting relief that has already been denied, or the same relief in
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pending motions, or making frivolous, unsupported requests may result in the imposition of
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sanctions, including dismissal of this case.
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Accordingly,
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IT IS ORDERED:
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1. Defendants’ Motions to Strike (ECF No. 104) and (ECF No. 105) are GRANTED.
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2. The Clerk of the Court is instructed to STRIKE Plaintiff Michael Rowe’s Amended
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Motion to Compel a Dismissal Hearing (ECF No. 102) and Letter to Your Honor (ECF
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No. 103).
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Dated this 23rd day of June, 2017.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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