Middleton v. Omely Telecom Corp a/k/a Pro Tax and Accounting

Filing 26

ORDER Granting Reginald Beatty's 25 Motion to Strike Fugitive Document re 20 Summons Returned Executed. Signed by Magistrate Judge George Foley, Jr on 10/2/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 ERVIN MIDDLETON, 9 10 11 12 13 14 15 16 ) ) Plaintiff, ) ) vs. ) ) OMELY TELECOM CORP., ) ) Defendant. ) __________________________________________) Case No. 2:16-cv-01369-APG-GWF ORDER This matter is before the Court on Reginald Beatty’s Motion to Strike Fugitive Document (ECF No. 25), filed on September 28, 2017. On September 5, 2017, Plaintiff filed his first amended complaint. On September 19, 17 2017, the Court entered an Order instructing the Clerk of the Court to strike Plaintiff’s first 18 amended complaint (ECF No. 8) and corresponding summonses (ECF Nos. 9, 10, 13, 14, 15, 18) 19 because Plaintiff filed his first amended complaint without leave of court as required under Fed. R. 20 Civ. P. 15. Reginald Beatty requests that the Court strike the returned executed summons (ECF 21 No. 20) filed with the Court on September 18, 2017. The Court grants his request to strike the 22 returned executed summons (ECF No. 20) as a fugitive document. Accordingly, 23 24 25 IT IS HEREBY ORDERED that Reginald Beatty’s Motion to Strike Fugitive Document (ECF No. 25) is granted. DATED this 2nd day of October, 2017. 26 27 28 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge

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