RICHARD F. BOULWARE, II, District Judge.
Before the Court is Defendants' Motion to Dismiss (ECF No. 24) and Plaintiff's Motion to Strike Defendants' Response to Plaintiff's Supplemental Brief (ECF No. 52). For the reasons below, the Court denies both motions.
Plaintiff filed the Complaint on July 26, 2018. ECF No. 1.
Defendants HILV Fee LLC and NAV-115 E. Tropicana, LLC filed the instant Motion to Dismiss on February 1, 2019. ECF No. 24. Former Defendant Hooters, Inc. filed a Motion to Dismiss on February 5, 2019. ECF No. 26. Plaintiff responded on March 1, 2019 and March 5, 2019. ECF No. 33, 34. Defendants replied on March 11, 2019 and March 12, 2019. ECF Nos. 36, 37.
The Court entered a discovery order on March 28, 2019. ECF No. 38. The Court granted a stipulation to stay discovery on April 23, 2019. ECF No. 41.
The Court held a hearing on June 14, 2019. ECF No. 45. The Court granted Hooters, Inc.'s Motion to Dismiss and dismissed Hooters, Inc. from the action due to an undisputed lack of personal jurisdiction. The Court permitted supplemental briefing as to HILV Fee LLC's and NAV-115 E. Tropicana, LLC's Motion to Dismiss on the issue of equitable tolling. The Court continued the discovery stay in this case pending its instant ruling.
Plaintiff submitted his supplemental brief on July 8, 2019. ECF Nos. 46, 48. Defendants responded on July 26, 2019. ECF Nos. 49, 51. Plaintiff filed the instant Motion to Strike Defendants' Response to Plaintiff's Supplemental Brief. ECF No. 52.
Plaintiff's Complaint alleges three causes of action arising from an incident alleged to have occurred on July 25, 2016. Plaintiff's first cause of action, negligence, carries a two-year statute of limitations pursuant to Nevada Revised Statute ("NRS") 11.190(4)(e). Plaintiff's second and third causes of action, battery and assault, each also carry a two-year statute of limitations pursuant to NRS 11.190(4)(c). Therefore, the statute of limitations expired on Plaintiff's claims on July 25, 2018. Plaintiff filed the instant Complaint on July 26, 2018 — one day late.
Plaintiff argues that the statute of limitations in fact expired on July 26, 2018 under Nevada law and that Plaintiff's Complaint was therefore timely due to the leap year in 2016. Nevada courts have expressly accounted for the extra day in a leap year when applicable.
However, upon review of the supplemental briefing, the Court finds that equitable tolling applies to excuse the one-day delay. The Court applies Nevada law governing equitable tolling.
Defendants argue that equitable tolling does not apply to the statutes of limitations for negligence, battery, and assault under Nevada law, citing
Defendants alternatively request that the Court dismiss Plaintiff's Complaint for failure to comply with minor formatting provisions in the local rules. Given the out-of-state status of Plaintiff's counsel and the Court's possession of discretion as to whether or not to strike documents that do not conform to local rules, the Court declines to strike the Complaint on these bases.
The Court similarly denies Plaintiff's request to strike Defendants' response because it exceeds the five-page limitation set by this Court at the June 14, 2019 hearing. The Court may exercise its discretion in granting or denying a motion to strike.