Opinion
21-CV-363-MMA-WVG
09-22-2022
DAVID W. FAUNCE, Plaintiff, v. J. MARTINEZ, et al., Defendants.
ORDER ON PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' OPPOSITION TO PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT
Hon. William V. Gallo, United States Magistrate Judge.
Pending before the Court is David W. Faunce's (“Plaintiff”) Motion to Strike Defendants' Opposition to Plaintiff's Request for Entry of Default Judgment (“Motion”). (Doc. No. 80.) Plaintiff moves the Court to strike from the record Defendants' Opposition on the basis that entry of default judgment against Defendants is appropriate. In its September 14, 2022 Order, the Court denied Plaintiff's Motion for Entry of Default Judgment against Defendants. (Doc. No. 82.) On this basis alone, the Court DENIES AS MOOT Plaintiff's instant Motion. Separately, Plaintiff's Motion is improper under Rule 12 of the Federal Rules of Civil Procedure in that a motion to strike is reserved for pleadings exclusively, and Defendants' Opposition to Plaintiff's Motion for Entry of Default Judgment does not constitute a pleading. Accordingly, Plaintiff's Motion to Strike Defendants' Opposition is DENIED.
IT IS SO ORDERED.