Middleton v. Carrington Mortgage Holdings, LLC et al

Filing 32

ORDER denying 21 Motion to Strike.; denying 23 Motion to Strike. Signed by Magistrate Judge Carl W. Hoffman on 12/19/16. (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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ERVIN MIDDLETON,

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Plaintiff,
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v.
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CARRINGTON MORTGAGE HOLDINGS, et )
al,
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Defendants.
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_______________________________________ )

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Case No. 2:16-cv-01657-RFB-CWH

ORDER

Presently before the Court is Plaintiff Ervin Middleton’s amended motion to strike (ECF No.

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21), filed on November 4, 2016. Defendant Atlantic Law Group (ALG) filed a response (ECF No.

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22) on November 7, 2016. Plaintiff did not file a reply. Plaintiff requests that the Court strike

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Defendant’s motion to dismiss for lack of jurisdiction (ECF No. 16)

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Also before the Court is Plaintiff’s second motion to strike (ECF No. 23), filed on November

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8, 2016. ALG filed a response (ECF No. 31) on November 18, 2016. Plaintiff did not file a reply.

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Plaintiff requests that the Court strike Defendant Citibank N.A.’s motion to dismiss. However,

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Citibank N.A. is not a party to this dispute, and has not filed a motion to dismiss. The Court will

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construe this motion as duplicative of Plaintiff’s amended motion to strike.

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In his amended motion to strike, Plaintiff argues that ALG’s motion to dismiss, filed on

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October 21, 2016, is untimely and should be stricken from the record. In support of this argument,

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Plaintiff cites the date that the summons was issued, September 8, 2016. However, as shown in

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Plaintiff’s exhibit “A” to ECF No. 20, the summons was not served on ALG until September 30,

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2016. Under Federal Rule of Civil Procedure 12(a), a defendant has 21 days after service to file an

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answer. ALG’s filing was therefore timely.

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IT IS THEREFORE ORDERED that Plaintiff’s motions to strike (ECF Nos. 21 and 23) are
DENIED.

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DATED: December 19, 2016.

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

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