Peck v. Washoe County et al
Filing
108
ORDER denying 103 plaintiff's motion to strike and motion for further briefing. Signed by Magistrate Judge Valerie P. Cooke on 2/8/13. (Copies have been distributed pursuant to the NEF - DN)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
FRANK M. PECK,
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Plaintiff,
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v.
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THOMAS, et al.,
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Defendants.
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___________________________________ )
PRESENT:
3:09-cv-00381-LRH-VPC
MINUTES OF THE COURT
February 8, 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 and motion for further briefing (#103). Defendants
opposed (#107). Plaintiff did not reply.
Plaintiff contends that defendants’ reply to their motion for summary judgment (#100) contains
misrepresentations which are “outside the scope of their motion” (#103, p. 3). Plaintiff asserts
that since defendants have introduced new evidence, plaintiff has a right to respond and/or asks
the court to strike defendants’ reply memorandum. Id. at 4. Defendants oppose plaintiff’s
motion on the grounds that defendants’ arguments in their reply were responsive to the issues
plaintiff raised in his opposition to defendants’ motion for summary judgment (#98).
The court finds that defendants’ reply to their motion for summary judgment (#100)
appropriately responded to the issues plaintiff raised in his opposition (#98). Accordingly,
plaintiff’s motion to strike and motion for further briefing (#103) is hereby DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:
/s/
Deputy Clerk
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