Miller v. Southwest Gas Corporation ( 2023 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 DUBJOAN TL MILLER, Case No. 2:23-cv-00583-CDS-NJK 5 Plaintiff, ORDER 6 “ [Docket Nos. 5, 6] ; SOUTHWEST GAS CORPORATION, et al., Defendants. 8 9 Plaintiff has filed two notices on the Docket. See Docket Nos. 5 (notice of payments); 6 (notice). 11 District courts have authority to strike an improper filing under their inherent power to 12|| control the docket. E.g., Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010): 13|| Metzger v. Hussman, 682 F. Supp. 1109, 1110-11 (D. Nev. 1988). “Striking material under the Court’s inherent power is wholly discretionary.” Fed. Nat’l Mortg. Assoc. v. Willis, 2016 WL 11247554, at *1 (D. Nev. Oct. 14, 2016). Courts also have a general duty to avoid deciding unnecessary issues. See, e.g., U.S. Sec. & Exch. Comm'n v. Jensen, 835 F.3d 1100, 1113 n.6 (9th 17|| Cir. 2016). In deciding whether to exercise their discretion to strike an improper filing, courts 18|| consider whether striking the filing would “further the overall resolution of the action,” and 19|| whether the filer has a history of excessive and repetitive filing that have complicated proceedings. Jones v. Skolnik, 2015 WL 685228, at *2 (D. Nev. Feb. 18, 2015). 21 Plaintiff's filings present no dispute to the Court to resolve in furthering the resolution of 22] this action. Additionally, the filings fail to comply with the Federal Rules of Civil Procedure and 23|| this Court’s Local Rules. See, e.g., Fed. R. Civ. P. 7(b); Local Rule 7-2. 24 Accordingly, the Clerk’s Office is INSTRUCTED to strike the filings at Docket Nos. 5 and 6. 26 IT IS SO ORDERED. 27 Dated: May 3, 2023 LEN z= 28 Ulta Stale Magistrate Judge