Wells Fargo Bank National Association v. Woodward Family Trust et al

Filing 52

ORDER Denying without prejudice Plaintiff's 51 Motion to Strike. Signed by Magistrate Judge Nancy J. Koppe on 10/6/2017. (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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WELLS FARGO BANK NATIONAL
ASSOCIATION,

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Plaintiff(s),
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v.
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WOODWARD FAMILY TRUST, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:16-cv-02449-GMN-NJK
ORDER
(Docket No. 51)

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Pending before the Court is Plaintiff’s motion to strike Defendants’ answer and for entry of

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default. Docket No. 51. The Court does not require a response, and the motion is DENIED without

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prejudice. The only legal authority submitted in seeking case-dispositive sanctions relates to Rule 12(f)

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of the Federal Rules of Civil Procedure. That rule permits striking redundant, immaterial, impertinent

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or scandalous matters from a pleading, see Fed. R. Civ. P. 12(f), and Plaintiff fails to explain how that

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rule is a basis to impose case-dispositive sanctions for alleged litigation misconduct.1 In short, Plaintiff

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has failed to identify appropriate legal authority and the standards established therein for the case-

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dispositive relief it seeks.

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Plaintiff notes Defendants’ counsel failed to file Defendants’ contact information as ordered, see
Docket No. 51 at 3, see also Docket No. 50, but Plaintiff does not explain why case-dispositive relief would
be appropriate at this juncture given that the Court has provided Defendants with 30 days to obtain a new
attorney or file a notice to proceed pro se (with respect to the individual Defendants). See Docket No. 50.

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Accordingly, the motion is DENIED without prejudice.

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IT IS SO ORDERED.

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DATED: October 6, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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