Thomas v. McDaniel et al

Filing 55

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 7/3/2013, denying 48 Motion to Strike. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

MARLO THOMAS,

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Plaintiff,
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v.
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E.K. MCDANIEL, et. al.,
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Defendants.
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___________________________________ )
PRESENT:

3:11-cv-00664-LRH-VPC

MINUTES OF THE COURT

July 3, 2013

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is plaintiff’s motion to strike E.K. McDaniel’s declaration from the
record (#48). 1 Defendants opposed (#53) and plaintiff replied (#54). Plaintiff asks the court to
strike defendant McDaniel’s declaration submitted in support of defendants’ opposition to
plaintiff’s motion for summary judgment (#46, Ex. B (sealed)). Plaintiff alleges that defendant
McDaniel’s declaration contains perjured statements, in violation of Fed.R.Civ.P. 56.
Defendants oppose plaintiff’s motion to strike, arguing that they are entitled to present evidence
in support of their opposition to plaintiff’s motion for summary judgment; and that if plaintiff
disagrees with defendant McDaniel’s characterization of the evidence, plaintiff may present his
own rebuttal evidence in his reply memorandum supporting his motion for summary judgment.
A federal court has inherent authority to regulate the conduct of those appearing before it
and to manage the administration of its business. Spurlock v. F.B.I., 69 F.3d 1010, 1016 (9th Cir.
1995). Here, the court finds no reason to strike defendant McDaniel’s declaration. Plaintiff has
filed a reply memorandum supporting his motion for summary judgment (#49). Consequently,
plaintiff has been afforded an opportunity to rebut this evidence.

1

Refers to the court’s docket numbers.

Accordingly, plaintiff’s motion to strike E.K. McDaniel’s declaration from the record
(#48) is hereby DENIED.

IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk