Knight v. Climbing Magazine et al

Filing 49

ORDERED that D's # 42 Motion to strike is GRANTED. The clerk of court shall STRIKE P's # 41 Notice to the court. Signed by Judge Larry R. Hicks on 12/19/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRIAN KNIGHT,

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Plaintiff,

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v.

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CLIMBING MAGAZINE; et al.,

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Defendants.

3:11-CV-0146-LRH-RAM
ORDER

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Before the court is defendant Skram Media, LLC’s (“Skram Media”) motion to strike
plaintiff Brian Knight’s notice to the court (Doc. #411). Doc. #42.

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On December 23, 2010, Knight filed a complaint against defendants for libel and intentional

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infliction of emotional distress in state court. Doc. #1, Exhibit A. Defendants removed the action to

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federal court on the basis of diversity jurisdiction. Doc. #1. In response, Knight filed a notice to the

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court concerning removal. Doc. #41. Thereafter, Skram filed the present motion to strike Knight’s

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notice. Doc. #42.

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Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, the court may strike a filing

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for “any redundant, immaterial, impertinent, or scandalous matter.” FED . R. CIV . P. 12(f). In its

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motion, Skram argues that the notice to the court is an impertinent filing because it was filed

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Refers to the court’s docketing number.

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without leave of court. See Doc. #42. The court agrees. The notice to the court is without basis or

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factual or legal support and shall be stricken from the record. Accordingly, the court shall grant

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Skram’s motion to strike.

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IT IS THEREFORE ORDERED that defendant’s motion to strike (Doc. #42) is

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GRANTED. The clerk of court shall STRIKE plaintiff’s notice to the court (Doc. #41).

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IT IS SO ORDERED.

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DATED this 19th day of December, 2011.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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