Mauwee, Sr. v. Palmer et al

Filing 52

MINUTE ORDER DENYING as moot Ds' 45 Motion to Strike. Signed by Magistrate Judge William G. Cobb on 4/29/2013. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
EUGENE A. MAUWEE, SR.,

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)
Plaintiff,
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vs.
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JACK PALMER, et al.,
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Defendants.
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___________________________________ )

3:10-cv-00250-RCJ-WGC
MINUTES OF THE COURT
April 29, 2013

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Defendants’ Motion to Strike Plaintiff’s Motion Notice to the Court for
Discovery (Doc. # 45). Defendants base their motion on Fed. R. Civ. P. 12(f), stating that Plaintiff’s
Notice (Doc. #44) is “immaterial and impertinent as it does not ask for any relief, nor is it
procedurally appropriate.” (Doc. # 45 at 2.)
Fed. R. Civ.P. 12(f) provides, in pertinent part, as follows:
The court may strike from a pleading an insufficient defense or any
redundant, immaterial, impertinent or scandalous matter. * * *
Plaintiff’s filing (Doc. # 44) does not fall into the category of a pleading, nor does the court
find it to contain anything which could be considered “redundant, immaterial, impertinent or
scandalous.”
For the reasons stated above, and because court previously denied Plaintiff’s motion (Doc.
#47), but neglected to address the Defendants’ motion (Doc. # 45),1 Defendants’ motion (Doc. # 45)
is therefore DENIED as moot.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

1

/s/
Deputy Clerk

The order (#47) and Defendants’ motion (#45) were filed on the same date.