Breslaw v. State of Nevada, ex rel. Board of Regents of the Nevada System of Higher Education ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 LISA BRESLAW, Case No. 2:23-cv-01680-APG-MDC 6 Plaintiff, ORDER 7 v. [Docket No. 45] 8 STATE OF NEVADA ex rel. BOARD OF REGENTS OF THE NEVADA SYSTEM OF 9 HIGHER EDUCATION ON BEHALF OF THE COLLEGE OF SOUTHERN 10 NEVADA, 11 Defendant. 12 Plaintiff has filed a letter on the Docket. See Docket No. 45. 13 District courts have authority to strike an improper filing under their inherent power to 14 control the docket. E.g., Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010); 15 Metzger v. Hussman, 682 F. Supp. 1109, 1110-11 (D. Nev. 1988). “Striking material under the 16 Court’s inherent power is wholly discretionary.” Fed. Nat’l Mortg. Assoc. v. Willis, 2016 WL 17 11247554, at *1 (D. Nev. Oct. 14, 2016). Courts also have a general duty to avoid deciding 18 unnecessary issues. See, e.g., U.S. Sec. & Exch. Comm’n v. Jensen, 835 F.3d 1100, 1113 n.6 (9th 19 Cir. 2016). In deciding whether to exercise their discretion to strike an improper filing, courts 20 consider whether striking the filing would “further the overall resolution of the action,” and 21 whether the filer has a history of excessive and repetitive filing that have complicated 22 proceedings. Jones v. Skolnik, 2015 WL 685228, at *2 (D. Nev. Feb. 18, 2015). 23 Plaintiff’s filing presents no dispute to the Court to resolve in furthering the resolution of 24 this action. Additionally, the filing fails to comply with the Federal Rules of Civil Procedure and 25 this Court’s Local Rules. See, e.g., Fed. R. Civ. P. 7(b); Local Rule 7-2. 26 27 28 ] Accordingly, the Clerk’s Office is INSTRUCTED to strike the filing at Docket No. 45. 2 IT IS SO ORDERED. 3 Dated: January 10, 2024 Zo Nancy J. Koppé 5 United States bh agistrate Judge ‘ . 4 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28