Ewing v. Empire Capital Funding Group, Inc., 17cv2507-LAB (MDD). (2018)
Court: District Court, N.D. California
Number: infdco20180919a55
Visitors: 20
Filed: Sep. 17, 2018
Latest Update: Sep. 17, 2018
Summary: ORDER DENYING PLAINTIFF'S MOTION TO STRIKE [Dkt. 89] LARRY ALAN BURNS , District Judge . Defendants Ascend Funding, LLC and Peter Tafeen filed a Motion to Dismiss for lack of jurisdiction and for failure to state a claim. Dkt. 87. Plaintiff Anton Ewing has now filed a Motion to Strike the jurisdiction portion of that Motion, arguing that the Court has already determined jurisdiction as to these defendants. Dkt. 89. This is improper motion practice that causes "unnecessary delay" and "needl
Summary: ORDER DENYING PLAINTIFF'S MOTION TO STRIKE [Dkt. 89] LARRY ALAN BURNS , District Judge . Defendants Ascend Funding, LLC and Peter Tafeen filed a Motion to Dismiss for lack of jurisdiction and for failure to state a claim. Dkt. 87. Plaintiff Anton Ewing has now filed a Motion to Strike the jurisdiction portion of that Motion, arguing that the Court has already determined jurisdiction as to these defendants. Dkt. 89. This is improper motion practice that causes "unnecessary delay" and "needle..
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ORDER DENYING PLAINTIFF'S MOTION TO STRIKE
[Dkt. 89]
LARRY ALAN BURNS, District Judge.
Defendants Ascend Funding, LLC and Peter Tafeen filed a Motion to Dismiss for lack of jurisdiction and for failure to state a claim. Dkt. 87. Plaintiff Anton Ewing has now filed a Motion to Strike the jurisdiction portion of that Motion, arguing that the Court has already determined jurisdiction as to these defendants. Dkt. 89. This is improper motion practice that causes "unnecessary delay" and "needlessly increase[s] the cost of litigation." FRCP 11(b)(1). His motion is DENIED. If Plaintiff wants to respond to Defendants' Motion to Dismiss, he should do so through an opposition, as set out in LR 7.1(e)(2). Further unnecessary filings are grounds for sanctions.
IT IS SO ORDERED.
Source: Leagle
