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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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 7 8 9 10 ) ) ) Plaintiffs, ) v. ) ) THE BANK OF NEW YORK MELLON, et al, ) ) Defendants. ) ) _______________________________________ ) WAYNE SEARE, et al, 11 12 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. 13 Plaintiffs seek to strike Defendants Duke Partners II, LLC, Wedgewood, LLC, and 14 Wedgewood, Inc.’s certificate of interested parties (ECF No. 29). Plaintiffs argue that Defendants 15 certificate is invalid because it does not identify any parent corporation or any corporation owning 16 10% or more of their stock, and because they list a party that is unknown to Plaintiffs. 17 Under Local Rule 7.1(a), attorneys for private non-governmental parties, such as Defendants, 18 must file a certificate of interested parties listing any persons, associations, firms, partnerships or 19 corporations (including parent corporations), that have a direct pecuniary interest in the outcome of 20 the case. Here, Defendants filed a certificate that listed a number of interested parties. No parent 21 corporation or corporation owning more than 10% of Defendants stock was listed. The Court takes 22 this as a certification that no such parties exist. The inclusion of other parties which were previously 23 unknown to Plaintiffs is not a violation of the requirements of Local Rule 7.1. The Court finds no 24 evidence that Defendants’ certificate of interested parties is inadequate. 25 // 26 // 27 // 28 1 1 IT IS THEREFORE ORDERED that Plaintiffs’ motion to strike (ECF No. 32) is DENIED. 2 DATED: January 26, 2017. 3 4 _________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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