Seare et al v. Bank of New York Mellon et al

Filing 34

ORDER denying 32 Motion to Strike. Signed by Magistrate Judge Carl W. Hoffman on 1/26/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiffs,
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v.
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THE BANK OF NEW YORK MELLON, et al, )
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Defendants.
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_______________________________________ )
WAYNE SEARE, et al,

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Case No. 2:16-cv-00907-JCM-CWH

ORDER

Presently before the Court is Plaintiffs’ motion to strike (ECF No. 32), filed on November
23, 2017. Defendants have not filed a response.

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Plaintiffs seek to strike Defendants Duke Partners II, LLC, Wedgewood, LLC, and

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Wedgewood, Inc.’s certificate of interested parties (ECF No. 29). Plaintiffs argue that Defendants

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certificate is invalid because it does not identify any parent corporation or any corporation owning

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10% or more of their stock, and because they list a party that is unknown to Plaintiffs.

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Under Local Rule 7.1(a), attorneys for private non-governmental parties, such as Defendants,

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must file a certificate of interested parties listing any persons, associations, firms, partnerships or

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corporations (including parent corporations), that have a direct pecuniary interest in the outcome of

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the case. Here, Defendants filed a certificate that listed a number of interested parties. No parent

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corporation or corporation owning more than 10% of Defendants stock was listed. The Court takes

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this as a certification that no such parties exist. The inclusion of other parties which were previously

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unknown to Plaintiffs is not a violation of the requirements of Local Rule 7.1. The Court finds no

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evidence that Defendants’ certificate of interested parties is inadequate.

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IT IS THEREFORE ORDERED that Plaintiffs’ motion to strike (ECF No. 32) is DENIED.

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DATED: January 26, 2017.

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

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