Opinion
2:11-CV-00630-PMP-(RJJ)
08-05-2011
RICHARD GLEN COLTER Plaintiff, v. RAY LaHOOD, BRIAN SANDOVAL, STATE OF NEVADA, and UNITED STATES OF AMERICA, Defendants
DANIEL G. BOGDEN United States Attorney Nevada Bar Number 2137 DANIEL D. HOLLINGSWORTH Assistant United States Attorney Nevada Bar Number 1925 Lloyd D. George United States Courthouse Counsel for the United States of America and Ray LaHood
DANIEL G. BOGDEN
United States Attorney
Nevada Bar Number 2137
DANIEL D. HOLLINGSWORTH Assistant United States Attorney
Nevada Bar Number 1925
Lloyd D. George United States Courthouse
Counsel for the United States of America and Ray LaHood
UNITED STATES OF AMERICA'S MOTION TO VACATE/STRIKE DOCUMENT #14,
#16, #17, #18, #19, #20, #21, AND #22, AND ORDER
The United States of America ("United States"), by and through Daniel G. Bogden, United States Attorney for the District of Nevada, and Daniel D. Hollingsworth, Assistant United States Attorney, respectfully moves this Honorable Court for an Order to vacate or to strike Document #14, #16, #17, #18, #19, #20, #21, and #22.
The reason for granting this motion is the documents are moot because this Court granted the State of Nevada's Motion for a More Definite Statement/Motion to Strike Colter's complaint and Colter has until August 8, 2011, to file an amended complaint. #15.
This Motion is made and is based on the pleadings and papers on file herein and the attached Memorandum of Points and Authorities
Respectfully submitted,
DANIEL G. BOGDEN
United States Attorney
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney
MEMORANDUM OF POINTS AND AUTHORITIES
Richard Glen Colter ("Colter") filed a Complaint on April 22, 2011, because he was cited for speeding in Esmeralda County, Nevada. Docket #1. Colter filed Petitioner's Declaration Supporting Writ of Mandamus and Petition to Remove and Stay Proceedings. #2. He filed a Motion for Preliminary Injunction and Declaratory Relief and Motion to Stay Proceedings. #3. On May 13, 2011, this Court denied Colter's Motions for Preliminary Injunction, Declaratory Relief, and Stay of Proceedings in Esmeralda County. #9.
The State of Nevada filed its Motion for a More Definite Statement/Motion to Strike Colter's Complaint. #10. The United States filed an Amended Motion to Extend the time to file a Motion to Dismiss Colter's Complaint. #13. This Court granted the United States's motion, ordering the motion to dismiss was due on July 27, 2011. #14. Subsequently, this Court granted the State of Nevada's Motion for a More Definite Statement/Motion to Strike Colter's Complaint by ordering Colter to file an amended Complaint against all defendants by August 8, 2011. #15.
Because no complaint currently exists, the filing of a motion to dismiss or responding to numerous documents is moot. This Court should vacate or strike #14, #16, #17, #18, #19, #20, #21, and #22.
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Based on the reason of no complaint, the United States requests this Court to vacate or to strike #14, #16, #17, #18, #19, #20, #21, and #22.
DANIEL G. BOGDEN
United States Attorney
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney
IT IS SO ORDERED:
PHILIP M. PRO
UNITED STATES DISTRICT JUDGE
PROOF OF SERVICE
I, Daniel D. Hollingsworth, certify that the following individuals were served with copies of UNITED STATES OF AMERICA'S MOTION TO VACATE/STRIKE DOCUMENT #14, #16, #17, #18, #19, #20, #21, AND #22, AND ORDER on July 25, 2011, by the below identified method of service:
First Class Mail
Richard Glen Colter
P.O. Box 11312
Pleasanton, California 94588
CM/ECF
Roger G. Madsen
rmadsen@ag.nv.gov
Counsel for Brain Sandoval and State of Nevada
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney