Smith v. Homes et al

Filing 59

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 6/25/2014, denying Defendants' 58 Motion to Strike. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
WILLIE SMITH,

)
)
Plaintiff,
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vs.
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HOMES, et al.,
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Defendants.
)
___________________________________ )

3:13-cv-00202-MMD-WGC
MINUTES OF THE COURT
June 25, 2014

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 wherein Defendants seek an order of court
striking Plaintiff's sur-reply to Defendants' Motion to Dismiss [#54]. (Doc. # 58 at 1.) However, as
reflected in the June 19, 2014 Report and Recommendation to District Judge Miranda M. Du, the
court has already considered Plaintiff's June 10, 2014 response to Defendants' reply:
In his response to Defendants' reply (which Defendants have not moved to
strike), Plaintiff argues that the release provision Defendants contend bars this
action was not one of the terms the parties agreed to that was recited on the
record in 3:12-cv-00024-LRH-VPC. (Doc. # 54.) While the Local Rules of
Practice only permit the filing of a motion, response and reply, the court will
afford Plaintiff, a pro se inmate litigant, with some latitude and will consider his
response to Defendants' reply since the subject motion is potentially
case-dispositive.
(Doc. # 57 at 3-4.)
Defendants' motion to strike (Doc. # 58) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk