Opinion
2:21-cv-00984-JAD-VCF
10-02-2023
Julie A. Su, Acting Secretary of Labor, United States Department of Labor, Plaintiff, v. NAB LLC d/b/a NAB NAIL SALON d/b/a NAB NAIL BAR, a Nevada limited liability corporation, ASIA TRINH, an individual and managing agent of the Corporate Defendant, NICOLE BROWN, an individual and managing agent of the Corporate Defendant, Defendants.
SEEMA NANDA MARC A. PILOTIN ANDREW SCHULTZ IT IS SO ORDERED. KATHRYN A. PANACCIONE
SEEMA NANDA
MARC A. PILOTIN
ANDREW SCHULTZ
IT IS SO ORDERED.
KATHRYN A. PANACCIONE
UNOPPOSED MOTION TO STRIKE ECF NO. 64.
The Acting Secretary requests that the Court strike ECF No. 64 because the filing is rendered moot. On August 30, 2023, Defendant Trinh, who was unrepresented at the time, filed a “Motion for Summary Judgment.” See ECF No. 64. The document itself, however, is titled “Response to the Secretary of Labor [sic] Motion for Sanctions.” Id. Shortly thereafter, on September 11, 2023, Defendants retained new counsel. See ECF No. 68. On September 14, 2023, the Acting Secretary was advised by Defendants' counsel that Defendant Trinh inadvertently filed ECF No. 64 as a motion for summary judgment rather than an opposition to the Acting Secretary's Motion for Sanctions. On September 20, 2023, Defendants' counsel filed an opposition to the Acting Secretary's Motion for Sanctions on behalf of Defendants. See ECF No. 71. The undersigned counsel, upon conferring with Defendants' counsel, was advised that Defendants' counsels' September 20, 2023 opposition (ECF No. 71) renders Defendant Trinh's attempted opposition (ECF No. 64) moot, and the motion to strike herein is unopposed. The Acting Secretary therefore requests that the Court strike ECF No. 64.
If ECF No. 64 was intended as a motion for summary judgment it should be stricken for failure to comply with Local Rule 56-1 and Federal Rule of Civil Procedure 56(b).
IT IS SO ORDERED.
IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment (ECF No. 64) Paige B. Pulley is struck from the record.