Westwood v. JP Morgan Chase Bank N.A.

Filing 12

ORDER granting 10 Motion to Strike 9 Response - Other. Signed by Magistrate Judge George Foley, Jr on 2/14/2017. (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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GIOVANNA WESTWOOD,
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Plaintiff,
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vs.
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JP MORGAN CHASE BANK, N.A.,
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Defendant.
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__________________________________________)

Case No. 2:16-cv-02409-RFB-GWF
ORDER

This matter is before the Court on Defendant’s Motion to Strike Response (ECF No. 10),
filed on January 25, 2017.

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Plaintiff filed her Complaint (ECF No. 3) on December 19, 2016. Defendant filed its

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Answer (ECF No. 7) on January 10, 2017. Plaintiff filed her Response to Answer (ECF No. 9) on

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January 19, 2017. Defendant requests that the Court strike Plaintiff Response to Defendant’s

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Answer (ECF No. 9) because it is not a pleading pursuant to Rule 7 and as redundant, immaterial,

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and impertinent pursuant Rule 12(f) of the Federal Rules of Civil Procedure.

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Under Rule 12(f), the Court may strike from a pleading an insufficient defense or any

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redundant, immaterial, impertinent, or scandalous matter. Fed. R. Civ. P. 12(f). The essential

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function of a Rule 12(f) motion is to avoid the expenditure of time and money that must arise from

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litigating spurious issues by dispensing with those issues prior to trial. Fantasy, Inc. v. Fogerty,

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984 F.2d 1524, 1527 (9th cir. 1993), rev’d on other grounds, 510 U.S. 517, 114 S. Ct. 1023. LR 7-

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2(g) states that “[a] party may not file supplemental pleadings, briefs, authorities, or evidence

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without leave of court granted for good cause. The judge may strike supplemental filings made

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without leave of court.”

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In addition, Local Rule 7-2(d) provides that “The failure of an opposing party to file points
and authorities in response to any motion shall constitute a consent to the granting of the motion.”

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Plaintiff did not file points and authorities in response to Defendant’s instant motion to strike.

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Therefore, Plaintiff is considered to have consented to the granting of Defendant’s motion under LR

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7-2(d). Accordingly,
IT IS HEREBY ORDERED Defendant’s Motion to Strike Response (ECF No. 10) is

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granted. The Clerk of Court shall strike Plaintiff’s Response to Answer (ECF No. 9) from the

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docket.

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DATED this 14th day of February, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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