Opinion
Case No. 2:11-cv-00099-PMP-PAL
10-27-2011
DAVID WHEELER, Plaintiff, v. LUXOR SECURITY DEPARTMENT, Defendant.
ORDER
(Mtn to Strike - Dkt. #27)
This matter is before the court on Defendant's Motion to Strike Plaintiff's Reply in Support of its Motion Not to Dismiss the Second Amended Complaint (Dkt. #27). Defendant contends that Plaintiff previously filed an Opposition (Dkt. #22) to Defendant's Motion to Dismiss (Dkt. #20) and did not seek leave to file additional arguments.
On July 29, 2011, the court granted Defendant's Motion to Dismiss the Amended Complaint (Dkt. #19). On August 10, 2011, Defendant filed a Motion to Dismiss the Second Amended Complaint (Dkt. #20). Plaintiff filed an Opposition (Dkt. #22), and Defendant replied (Dkt. #23). On September 7, 2011, the court granted Defendant's Motion to Dismiss the Second Amended Complaint (Dkt. #20). See Order (Dkt. #24). The Clerk of Court entered judgment in favor of Defendant and against Plaintiff with prejudice. See Dkt. #25. Plaintiff then filed a second Opposition (Dkt. #26) to the Motion to Dismiss the Second Amended Complaint on September 13, 2011.
The Federal Rules of Civil Procedure and the Local Rules do not provide for second oppositions (essentially sur-replies) as a matter of right, and Plaintiff has not moved this court for, nor has the court granted, leave to file the sur-reply. A sur-reply may only be filed with leave of court and only then to address new matters raised in a reply to which a party would otherwise be unable to respond. Additionally, a district court has the inherent authority to strike a party's submissions. See Spurlock v. F.B.I., 69 F.3d 1010, 1016 (9th Cir. 1995) (court has authority over "administration of its business" and to manage its docket); Metzger v. Hussman_ 682 F.Supp. 1109, 1110 (D. Nev. 1988) (striking late-filed opposition and noting "[a]pplicable rules of procedure, including Local Rules, must be enforced . . . in any case so that the Court may maintain control over the progress of litigation").
Accordingly,
IT IS ORDERED that Defendant's Motion to Strike Plaintiff's Reply in Support of its Motion Not to Dismiss the Second Amended Complaint (Dkt. #27) is GRANTED.
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE