U-Haul Co. of Nevada, Inc. et al v USA, et al.
Filing
141
ORDER Denying 109 Motion for District Judge to Reconsider Order Denying Motion to Strike Answer as Moot. Signed by Judge Kent J. Dawson on 02/22/2013. (Copies have been distributed pursuant to the NEF - AC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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U-HAUL INTERNATIONAL, INC., et al.,
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Plaintiffs,
Case No. 2:08-CV-00729-KJD-PAL
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v.
ORDER
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UNITED STATES OF AMERICA, et al.,
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Defendants.
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Before the Court is Plaintiff’s Motion for District Judge to Reconsider Order Denying Motion
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to Strike Answer (#109). The Government filed a response (#118).
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In this motion, Plaintiff seeks reconsideration of Magistrate Judge Peggy Leen’s Order (#106)
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denying Plaintiff’s Motion to Strike (#80). In the Motion to Strike, Plaintiff argued that the
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Government’s answer to the complaint should be stricken and liability entered in favor of Plaintiff
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based on alleged destruction of evidence by the Government after the lawsuit was filed. Judge Leen
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denied the Motion, ruling that the requested sanction was too harsh and failed to meet the applicable
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legal standard for dispositive sanctions.
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On January 30, 2013, the Court entered an Order (#140) dismissing the Government from this
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action based on a the stipulation of the parties arising out of a settlement agreement. Because the
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Government is no longer a party to this case, Plaintiff’s Motion is moot.
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IT IS HEREBY ORDERED that the Motion for District Judge to Reconsider Order
Denying Motion to Strike Answer (#109) is DENIED as moot.
DATED this 22nd day of February 2013.
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_____________________________
Kent J. Dawson
United States District Judge
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