Westwood v. JP Morgan Chase Bank N.A.

Filing 38

ORDER Granting Defendant's 34 Motion to Strike 19 Request for Judicial Notice. Signed by Magistrate Judge George Foley, Jr on 7/11/2017. (Copies have been distributed pursuant to the NEF - SLD)

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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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v.
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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

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This matter is before the Court on Defendant’s Motion to Strike ECF No. 19 (ECF No. 34),

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filed on June 16, 2017. Plaintiff filed her Response (ECF No. 36) on June 27, 2017 and Defendant

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filed its Reply (ECF No. 37) on June 28, 2017.

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Under Rule 12(f) of the Federal Rules of Civil Procedure, the Court may strike from a

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pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

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Fed. R. Civ. P. 12(f). Whether to grant a motion to strike lies within the sound discretion of the

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district court. Roadhouse v. Las Vegas Metro. Police Dep’t, 290 F.R.D. 535, 543 (D. Nev. 2013).

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Additionally, the Court may strike an improper filing under its “inherent power over the

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administration of its business.” Spurlock v. F.B.I, 69 F.3d 1010, 1016 (9th Cir. 1995). Similar to

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Rule 12(f) motions to strike, striking material under the Court’s inherent power is wholly

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discretionary. See Almy v. Davis, No. 2:12–cv–00129–JCM–VCF, 2014 WL 773813, at *4–5

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(D.Nev. Feb. 25, 2014).

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Rule 7(a) of the Federal Rules of Civil Procedure states that only these types of pleadings

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are allowed: (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim

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designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an

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answer to a third-party complaint; and (7) if the court orders one, a reply to an answer. Fed. R. Civ.

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P. 7(a). Rule 7(b) sets forth that a motion must be in writing unless it is made during a hearing or

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trial, must state with particularity the grounds for seeking the order, and state the relief sought.

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Fed. R. Civ. P. 7(b).

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Defendant requests that the Court strike Plaintiff’s “Request for Judicial Notice re

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Complaint and Proposed First Amended Complaint” (ECF No. 19) as a document that does not

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comport with the Federal Rules of Civil Procedure. Plaintiff’s filing does not appear to be a

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pleading as defined by the Federal Rules of Civil Procedure nor does it appear to request specific

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relief. Further, LR 7-2(g) states that “[a] party may not file supplemental pleadings, briefs,

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authorities, or evidence without leave of court granted for good cause. The judge may strike

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supplemental filings made without leave of court.” The Court, therefore, strikes Plaintiff’s filing

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(ECF No. 19) as a supplemental filing. Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Strike ECF No. 19 (ECF No. 34)
is granted.
DATED this 11th day of July, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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