McKnight v. Lyon County School District

Filing 49

ORDER - The Motion to Strike (ECF No. 45 ) is granted. The Clerk is instructed to strike Plaintiff's Motion for Summary Judgment (ECF No. 42 ) from the record. Signed by Judge Miranda M. Du on 3/2/2018. (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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***

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TERRIA MCKNIGHT, PARENT OF JAREL
MCKNIGHT,

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Plaintiff,

Case No. 3:15-cv-00614-MMD-VPC
ORDER

v.
LYON COUNTY SCHOOL DISTRICT,
Defendant.

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Before the Court are two motions: Plaintiff Terria McKnight’s Motion for Summary

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Judgment (“Motion”) (ECF No. 42) and Defendant Lyon County School District’s

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Countermotion to Strike (“Motion to Strike”) (ECF No. 45). No response was filed to either

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motion. The Court grants the Motion to Strike and the Motion for Summary Judgment is

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stricken from the record.

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Plaintiff, proceeding pro se, is asserting claims on behalf of her son against

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Defendant relating to a special education administrative decision. The dispositive motions

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deadline in this action was January 23, 2017. (ECF No. 22 at 2.) In this Court’s August

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17, 2017, order, the Court instructed (1) Defendant to file the relevant administrative

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record within thirty (30) days and (2) Plaintiff to file an opening brief within thirty (30) days

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after the administrative record was filed. (ECF No. 41 at 15.) Plaintiff then filed the Motion

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without leave of court on August 18, 2017. The Motion to Strike asks this Court to strike

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the Motion on the basis that it is untimely and that the Court’s August 17, 2017, order

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rendered the Motion moot. (ECF No. 45 at 3-4.) The Court agrees with Defendant.

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The Court has the inherent power to manage and control its docket. Atchison,

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Topeka & Santa Fe Ry. v. Hercules, Inc., 146 F.3d 1071, 1074 (9th Cir. 1998). Given that

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the Motion was filed roughly seven months after the dispositive motions deadline in this

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action and without leave of court, the Court finds it appropriate to strike the Motion from

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the record. Moreover, the Court agrees with Defendant that the Motion otherwise was

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rendered moot when the Court instructed the parties to file briefs relating to the appeal of

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the administrative decision.

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Therefore, it is ordered that the Motion to Strike (ECF No. 45) is granted.

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The Clerk is instructed to strike Plaintiff’s Motion for Summary Judgment (ECF No.

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42) from the record.
DATED THIS 2nd day of March 2018.

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________________________________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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