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Mehudar v. Acklin, 2:16-cv-00304-RFB-CWH. (2017)

Court: District Court, D. Nevada Number: infdco20170403f78 Visitors: 12
Filed: Apr. 03, 2017
Latest Update: Apr. 03, 2017
Summary: ORDER C.W. HOFFMAN, Jr. , Magistrate Judge . Presently before the court is pro se Plaintiff Heather Mehudar's Motion: Show Cause as to Why Default Judgment Has Not Been Issued Notice: Right of Suffrage; Copyright: Jurat Affidavits (ECF No. 67), filed on March 23, 2017. Under Local Rule 7-2(a), all motions must be supported by a memorandum of points and authorities. "The failure of a moving party to file points and authorities in support of the motion constitutes a consent to the denial of
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ORDER

Presently before the court is pro se Plaintiff Heather Mehudar's Motion: Show Cause as to Why Default Judgment Has Not Been Issued Notice: Right of Suffrage; Copyright: Jurat Affidavits (ECF No. 67), filed on March 23, 2017.

Under Local Rule 7-2(a), all motions must be supported by a memorandum of points and authorities. "The failure of a moving party to file points and authorities in support of the motion constitutes a consent to the denial of the motion." LR 7-2(d). Additionally, motions are limited to 24 pages, excluding exhibits, absent a showing of good cause for filing an oversized document and court approval. LR 7-3(b)-(c). "The court may strike any document that does not conform to an applicable provision of [the court's local rules] or any Federal Rule of Civil or Criminal Procedure." LR IA 10-1(d).

Here, Plaintiff's motion is 107 pages long and consists of an amalgam of copy-and-pasted correspondence, legal authority, tax documents, and Plaintiff's affidavits, among other items. There is no demarcation between these items that indicates what is intended to be points and authorities and what is intended to be exhibits. Nor is there any structure or organization that enables the court to understand the relationship of these items to each other or to the other filings in this case as a whole.

Plaintiff's failure to file a coherent memorandum of points and authorities in support of her motion constitutes a consent to the denial of the motion under Local Rule 7-2(d). Additionally, Plaintiff did not request leave of court to file an oversized brief and has not shown good cause under Local Rule 7-3(c) to file a motion that is more than four times the page limit. The court therefore will strike Plaintiff's motion for failure to comply with the court's local rules.

This is not the first occasion that Plaintiff has failed to follow the court's orders and local rules. Plaintiff previously has been advised that "any additional failures to comply with the court's orders and local rules of practice may subject her to sanctions under Local Rule IA 11-8(c)-(d)." (Order (ECF No. 66) at 2.) Given that the court is striking Plaintiff's motion, it will not impose additional sanctions for Plaintiff's failure to comply with the court's local rules at this time. But Plaintiff is once again advised that any additional failures to comply with the court's orders and local rules may subject her to sanctions under Federal Rule of Civil Procedure 16(f) and/or Local Rule IA 11-8(c)-(d).

IT IS THEREFORE ORDERED that the Clerk of Court must STRIKE Plaintiff Heather Mehudar's Motion: Show Cause as to Why Default Judgment Has Not Been Issued Notice: Right of Suffrage; Copyright: Jurat Affidavits (ECF No. 67).

Source:  Leagle

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