Jones v. Stolk

D. Nevada

Jones v. Stolk

DecidedApril 3, 2023

Docket3:22-cv-00502

StatusUnknown

This text of Jones v. Stolk (Jones v. Stolk) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Stolk, (D. Nev. 2023).

Pincite

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 3:22-cv-00502-ART-CSD JOHNNY LEE JONES, III, 4 Order Plaintiff 5 Re: ECF No. 24, 29, 34, 46 v. 6 SGT. STOLK, et al., 7 Defendants 8

9 Plaintiff has filed four documents that are titled as “open letters” to the assigned Deputy 10 Attorney General (DAG). (ECF Nos. 24, 29, 34, 36.) In these letters, Plaintiff asks the assigned 11 DAG to withdraw an argument from a filing. 12 Courts have inherent power to control their dockets see Ready Transp., Inc. v. AAR Mfg., 13 Inc., 627 F.3d 402, 404 (9th Cir. 2010) (citations omitted), and to "achieve the orderly and 14 expeditious disposition of cases." Chambers v. Nasco, Inc., 501 U.S. 32, 43 (1991). "This 15 includes the power to strike items from the docket as a sanction for litigation conduct." Ready, 16 627 F.3d at 404 (citations omitted); see also Wallace v. U.S.A.A. Life General Agency, Inc., 862 17 F.Supp.2d 1062, 1068 (D. Nev. 2012) (citing Ready, 627 F.3d at 404). "Such power is 18 indispensable to the court's ability to enforce its orders, manage its docket, and regulate 19 insubordinate...conduct." Id. (citing Mazzeo v. Gibbons, No. 2:08-cv-01387-RLH-PAL, 2010 20 WL 3910072, at * 2 (D. Nev. Sept. 30, 2010)). 21 If Plaintiff wishes to request that opposing counsel withdraw an argument, he should send 22 a letter to opposing counsel, which should not be filed with the court. If Plaintiff seeks relief 23 from the court, the document should be styled as a motion. However, a request that an argument 1}| be withdrawn is not a proper topic for a motion. Plaintiffs assertion that an argument is inappropriate may be properly raised in a reply brief that responds to an opposition filed by the other side. 4 The Clerk shall STRIKE from the record ECF Nos. 24, 29, 34, and 46. IS SO ORDERED. 6|| Dated: April 3, 2023 CS x Craig S. Denney 8 United States Magistrate Judge 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23

Free access — add to your briefcase to read the full text and ask questions with AI

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 3:22-cv-00502-ART-CSD JOHNNY LEE JONES, III, 4 Order Plaintiff 5 Re: ECF No. 24, 29, 34, 46 v. 6 SGT. STOLK, et al., 7 Defendants 8

9 Plaintiff has filed four documents that are titled as “open letters” to the assigned Deputy 10 Attorney General (DAG). (ECF Nos. 24, 29, 34, 36.) In these letters, Plaintiff asks the assigned 11 DAG to withdraw an argument from a filing. 12 Courts have inherent power to control their dockets see Ready Transp., Inc. v. AAR Mfg., 13 Inc., 627 F.3d 402, 404 (9th Cir. 2010) (citations omitted), and to "achieve the orderly and 14 expeditious disposition of cases." Chambers v. Nasco, Inc., 501 U.S. 32, 43 (1991). "This 15 includes the power to strike items from the docket as a sanction for litigation conduct." Ready, 16 627 F.3d at 404 (citations omitted); see also Wallace v. U.S.A.A. Life General Agency, Inc., 862 17 F.Supp.2d 1062, 1068 (D. Nev. 2012) (citing Ready, 627 F.3d at 404). "Such power is 18 indispensable to the court's ability to enforce its orders, manage its docket, and regulate 19 insubordinate...conduct." Id. (citing Mazzeo v. Gibbons, No. 2:08-cv-01387-RLH-PAL, 2010 20 WL 3910072, at * 2 (D. Nev. Sept. 30, 2010)). 21 If Plaintiff wishes to request that opposing counsel withdraw an argument, he should send 22 a letter to opposing counsel, which should not be filed with the court. If Plaintiff seeks relief 23 from the court, the document should be styled as a motion. However, a request that an argument 1}| be withdrawn is not a proper topic for a motion. Plaintiffs assertion that an argument is inappropriate may be properly raised in a reply brief that responds to an opposition filed by the other side. 4 The Clerk shall STRIKE from the record ECF Nos. 24, 29, 34, and 46. IS SO ORDERED. 6|| Dated: April 3, 2023 CS x Craig S. Denney 8 United States Magistrate Judge 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23

Cite This Page — Counsel Stack

Bluebook (online)

Jones v. Stolk, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-stolk-nvd-2023.

Opinion

Related

Cite This Page — Counsel Stack