Curls v. Clark County School District

Filing 46

ORDER Denying as moot 30 , 39 , 40 , and 41 Motions. Responses to 23 Motion due by 6/1/2018. Replies to 23 Motion due by 6/13/2018. Motion Hearing re 23 Motion to Dismiss is set for 7/2/2018 at 03:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Signed by Judge Jennifer A. Dorsey on 5/21/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 2:16-cv-0979-JAD-PAL 4 Kirk Alexander Curls, Plaintiff 5 Order Denying Motions to Strike 6 v. [ECF Nos. 30, 39, 40, 41] 7 Clark County School District, Defendant 8 9 10 On September 11, 2017, the Clark County School District filed a motion to dismiss Kirk 11 1 12 Alexander Curls’s employment lawsuit. The four-page motion has since spawned two motions 13 to strike, a motion for leave to file a surreply, and a stipulation to extend time to respond to that 14 surreply request. Perhaps because Mr. Curls represented himself through a portion of the briefing, the 15 16 record has become nearly impossible to follow. Having reviewed all the submissions related to, 17 and stemming from, the motion to dismiss, the Court finds that the most judicially economical 18 way to ensure that all material issues raised by the motion to dismiss can be considered on their 19 merits is to deny all pending motions except the motion to dismiss, disregard the response to the 20 motion to dismiss and reply in support of it, and essentially order a do-over on the response and 21 reply briefs. Accordingly, in an exercise of the Court’s inherent power to control the docket in this 22 23 case, IT IS HEREBY ORDERED that: The Motions to Strike, the Motion for Leave to File Surreply, and the Stipulation to 24 25 Extend Time [ECF Nos. 30, 39, 40, 41] are DENIED as moot; 26 27 28 1 ECF No. 23. 1 1 It is further ordered that THE COURT WILL DISREGARD the Response to the Motion 2 to Dismiss [ECF No. 29] and the Reply in Support of the Motion to Dismiss [ECF No. 31]. The 3 plaintiff has until June 1, 2018, to file a response to the Motion to Dismiss [ECF No. 23], and the 4 defendant has until June 13, 2018, to file its reply in support of the Motion to Dismiss. No 5 further briefing on these issues will be permitted. 6 It is further ordered that the Court will hear the Motion to Dismiss [ECF No. 23] on 7 July 2, 2018, at 3:00 p.m. in Courtroom 6D. 8 Dated this 21st day of May, 2018. ___ _ __________ ______ _ _ _ __ __ ________________________________ trict Jud Jennifer A. c Judge nn fe nn U.S. District Judge Jennifer A Dorsey 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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