Zimmerman v. Siavash, et al

Filing 36

ORDER. IT IS HEREBY ORDERED that 33 Defendant's Motion to Strike Plaintiff's Amended Complaint is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall strike 32 Plaintiff's amended complaint without prejudice to Plaintiff filing an amended complaint with leave of court. Signed by Magistrate Judge George Foley, Jr on 11/6/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KEVIN ZIMMERMAN,

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Plaintiff,
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vs.
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SAREH and JOHN DOE SIAVASH,
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Defendants.
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__________________________________________)

Case No. 2:17-cv-00560-GMN-GWF
ORDER

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This matter is before the Court on Defendant’s Motion to Strike Plaintiff’s Amended
Complaint (ECF No. 33), filed on November 1, 2017.

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On October 29, 2017, Plaintiff filed his motion for leave to file an amended complaint with

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his proposed amended complaint attached. ECF No. 31. On October 29, 2017, Plaintiff also filed

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his amended complaint. ECF No. 32. Defendant requests that the Court strike Plaintiff’s amended

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complaint (ECF No. 32) as a fugitive document. LR 7-2(g) states that “[a] party may not file

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supplemental pleadings, briefs, authorities, or evidence without leave of court granted for good

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cause. The judge may strike supplemental filings made without leave of court.”

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Plaintiff’s amended complaint is not a pleading pursuant to Fed. R. Civ. P. 7(a) and was not

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filed with leave of court pursuant to Fed. R. Civ. P. 15. The Court, therefore, grants Defendant’s

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motion to strike. The Clerk of the Court shall strike Plaintiff’s amended complaint (ECF No. 32) as

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a fugitive document. Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Strike Plaintiff’s Amended

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Complaint (ECF No. 33) is granted.

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...

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IT IS FURTHER ORDERED that the Clerk of the Court shall strike Plaintiff’s amended

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complaint (ECF No. 32) without prejudice to Plaintiff filing an amended complaint with leave of

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court.

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DATED this 6th day of November, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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