Nouchet v. Mandalay Corporation et al

Filing 27

ORDER Granting 22 Motion to Strike re 21 Statement. Signed by Magistrate Judge Carl W. Hoffman on 8/8/2016. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ARISTIDE NOUCHET,

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Plaintiff,
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vs.
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MANDALAY CORPORATION, et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-00712-GMN-CWH
ORDER

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Presently before the court is Defendants Mandalay Corporation dba Mandalay Bay Resort

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and Casino, Sean Dicicco, Susan Wolfla, Shaun Sanders, Ray Sanchez, Jeffrey Davis, and Richard

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Hoffman’s Motion to Strike (ECF No. 22), filed on July 11, 2016. Plaintiff Aristide Nouchet did

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not file a response.

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Defendants move to strike a document titled “Statement to the Court” (ECF No. 21) that

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Plaintiff filed on June 24, 2016, which consists of various factual allegations against Defendants.

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Defendants argue that it is unclear whether Plaintiff is attempting to amend his complaint or to

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make discovery disclosures, but that regardless of the purpose of the document, it is a rogue

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document that does not comply with the court’s rules and therefore must be stricken. Defendants

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further argue that the allegations in the document are redundant, immaterial, and impertinent.

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Under Local Rule 7-2(d), the “failure of an opposing party to file points and authorities in

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response to any motion . . . constitutes a consent to granting of the motion.” Additionally, Local

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Rule IA 7-1 requires that “[a]ll communications with the court must be styled as a motion,

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stipulation, or notice, and must be filed in the court’s docket and served on all other attorneys and

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pro se parties. The court may strike any case-related correspondence filed in the court’s docket that

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is not styled as a motion, stipulation, or notice.”

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Given that Plaintiff did not respond to the motion and that the document at issue is not

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styled as a motion, stipulation, or notice, the court will strike the document. To the extent that

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Plaintiff intended the document to be discovery disclosures, Plaintiff is advised that under Local

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Rule 26-8, discovery documents must not be filed with the court. Plaintiff further is advised that

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all future filings must be styled as a motion, stipulation, or notice under Local Rule IA 7-1. Finally,

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Plaintiff is advised that although the court will liberally construe his filings given that he is not

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represented by an attorney, he nevertheless is required to follow the same rules of

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procedure that govern other litigants. See Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995).

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IT IS THEREFORE ORDERED that Defendants Mandalay Corporation dba Mandalay Bay

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Resort and Casino, Sean Dicicco, Susan Wolfla, Shaun Sanders, Ray Sanchez, Jeffrey Davis, and

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Richard Hoffman’s Motion to Strike (ECF No. 22) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk of Court must STRIKE Plaintiff Aristide
Nouchet’s Statement to the Court (ECF No. 21).

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DATED: August 8, 2016

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

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