Benson v. State of Nevada et al

Filing 96

ORDER granting 83 Motion to Strike, granting 88 Motion to Strike re 60 Motion for Writ, 79 Notice (Other), 69 Response to Motion, 81 Notice (Other), 42 Response to Motion. Signed by Magistrate Judge Nancy J. Koppe on 6/27/2017. (Copies have been distributed pursuant to the NEF - JM)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 THOMAS BENSON, 11 Plaintiff(s), 12 vs. 13 STATE OF NEVADA, et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-0447-RFB-NJK ORDER (Docket Nos. 83, 88) 16 Pending before the Court is a motion to strike filed on an emergency basis by the LVMPD 17 Defendants. Docket No. 83. Numerous other parties have filed joinders thereto. Moreover, the Las 18 Vegas Review Journal Defendants have filed a motion to strike additional documents. Docket No. 88. 19 The Court finds a response from Plaintiff unnecessary, and further finds that the motions to strike are 20 properly resolved without a hearing. See Local Rule 78-1. 21 The Court has authority to strike an improper filing under its inherent power to control its docket. 22 E.g., Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010).1 “Motions to strike under 23 the inherent power . . . are wholly discretionary.” Jones v. Skolnik, 2015 WL 685228, at *2 (D. Nev. 24 Feb. 18, 2015). In deciding whether to exercise that discretion, courts consider whether striking the 25 filing would “further the overall resolution of the action,” and whether the filer has a history of excessive 26 1 27 28 Rule 12(f) of the Federal Rules of Civil Procedure provides bases for striking portions of a “pleading.” The underlying documents in this case are not pleadings, so the Court addresses the issue instead to its inherent authority. 1 and repetitive filing that have complicated proceedings. Id. Courts have expressed reluctance at striking 2 material without some showing of prejudice to the moving party. Cf. Roadhouse v. Las Vegas Metro. 3 Police Dept., 290 F.R.D. 535, 543 (D. Nev. 2013) (addressing motion to strike brought pursuant to Rule 4 12(f)). 5 The motions at issue seek an order striking the following papers: 6 • The “Writ Denying Defendants [sic] Motions” at Docket No. 42; 7 • The “Writ of Contempt” at Docket No. 60; 8 • The “Writ of Denial” at Docket No. 69; 9 • The “Writ of Denial” at Docket No. 79; and 10 • The “Ruling and Judgment” at Docket No. 81. 11 Although each of these documents was filed by Plaintiff, they are styled as if they are rulings issued by 12 a court: the documents are purportedly issued by “The Court,” are signed by Plaintiff as “Attornatus 13 Privatus” and by Marina Calove as “Superior Court Justice for the united States of America 14 (continental),”2 and bear seals for the same. See, e.g., Docket No. 42 at 9 (emphasis in original). 15 The pending motions seek to strike these documents as fake orders from an imagined court that 16 are immaterial to this case. See, e.g., Docket No. 83 at 15. Moreover, the movants have identified 17 prejudice in allowing the material to remain on the docket; namely, that litigants can use such documents 18 to obtain bogus liens on their litigation opponents. See, e.g., id. at 2, 15. The Court agrees that the 19 documents are improper and that they should be stricken as an exercise of the Court’s discretion. 20 21 Accordingly, the motions to strike are both GRANTED, and the Clerk’s Office is INSTRUCTED to STRIKE the papers at Docket Nos. 42, 60, 69, 79, and 81. 22 IT IS SO ORDERED. 23 DATED: June 27, 2017 24 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 25 26 27 28 2 Ms. Calove is a pro se litigant who has filed her own cases in this District. See, e.g., Calove v. Nationstar Mortgage, LLC, Case No. 2:14-cv-01329-JAD-NJK. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?