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OPPM
JOHN PETER LEE, LTD.
JOHN PETER LEE, ESQ.
Nevada Bar No, 001768
JOHN C. COURTNEY, ESQ.
Nevada Bar No. 011092
830 Las Vegas Boulevard South
Las Vegas, Nevada 89101
(702) 382-4044 Fax: (702) 383-9950
e-mail: info@johnpeterlee.com
Attorneys for Defendant Reza Zandian
IN THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR CARSON CITY
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JED MARGOLIN, an individual, Plaintiff, VS.
OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual, DOE Companies 1-10, DOE Corporations 11-20, and DOE Individuals 21-30, Defendants.
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Case No.: 09OC00579 1B Dept. No.: I
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OPPOSITION TO MOTION TO STRIKE
COMES NOW Defendant Reza Zandian by and through his counsel John Peter Lee, Ltd., and hereby files his OPPOSITION TO MOTION TO STRIKE.
This Opposition is made and based upon all of the pleadings and papers on file herein, exhibits attached hereto, the attached Memorandum of Points and Authorities, and oral argument, if required by the Court.
MEMORANDUM OF POINTS AND AUTHORITIES
I.
INTRODUCTION.
The Motion to Strike filed by Plaintiff Margolin (hereinafter "Margolin") on or about January 20, 2012, is nothing more than a futile attempt to file a sur-reply without leave of the Court. Moreover, the Motion to Strike is untimely made and, therefore, must be denied as a matter of law. Lastly, even if the Motion to Strike was timely filed, it is entirely without merit,
II.
STATEMENT OF FACTS.
Margolin admits that the Reply in which he seeks to strike was filed on December 13, 2011. Motion to Strike, p. 3, 11, 17-19. The instant Motion to Strike was filed on or about January 20, 2012, more than 20 days after the reply sought to be stricken was filed. Because the instant action remains in the pleadings stage, the remaining pertinent facts stated in the pleadings are hereby incorporated herein as though fully stated herein.
III.
STATEMENT OF THE LAW.
"Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by [the] rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter [emphasis added]." NRCP 12(f).
IV.
LEGAL ARGUMENT.
It is without question that Margolin filed the instant motion to strike more than 20 days after the reply in which he wishes to strike was filed. Thus, pursuant to NRCP 12(f) , his Motion to Strike is untimely and, therefore, must be denied.
Apparently, Margolin wishes to strike said reply because he does not believe that the statements made therein are true. The Court, however, need look no further than Margolin's
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Complaint and the documents referenced therein to ascertain whether Margolin has already tried this case in another forum. Additionally, Margolin does not countenance the arguments in said reply regarding insufficiency of service or lack of personal jurisdiction.
Ultimately, the Court now has plenty of information before it to make a determination on Defendant Zandian's pending Motion to Dismiss Plaintiff's Complaint.
V.
CONCLUSION.
For the reasons stated above, the instant Motion to Strike must be denied.
DATED this 1st day of February, 2012.
JOHN PETER LEE, LTD.
BY _____________________________
JOHN PETER LEE, ESQ.
Nevada Bar No. 00176
JOHN C. COURTNEY, ESQ.
Nevada Bar No. 011092
830 Las Vegas Boulevard South
Las Vegas, Nevada 89 101
Ph: (702) 382-4044/Fax: (702) 383-9950
Attorneys for Defendant Reza Zandian
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the 1st day of February, 2012, a copy of the foregoing OPPOSITION TO MOTION TO STRIKE was served on the following parties by mailing a copy thereof, first class mail, postage prepaid, addressed to:
Adam McMillen, Esq. Watson Rounds
5371 Kietzke Lane Reno, NV 89511
______________________
An employee of
JOHN PETER LEE, LTD.
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