Docket entry 29, 20 January 2026 · source · PDF · 22 pages
Docket text. ORDER GRANTING SPECIAL MOTION FOR EXPEDITED RELIEF (DKT. NO. 18 ). The Buttons' motion to strike (Dkt. No. 21 ) is DENIED. The Court STRIKES those filings (Dkt. Nos. 23 , 27 ) that include fictitious citations. All other pending motions are DENIED as moot. Jimison shall file his motion for attorney fees within 21 days of this order. Signed by U.S. District Judge David G Estudillo. (JDM) (cc: plaintiff- Mitchell Taylor Button via USPS) Modified on 1/20/2026 to update mailing (JDM).
5. Ongoing Citation to Fictious Case Law In its order dated October 17, 2025, the Court noted the Buttons had, in their reply, cited several non-existent cases and other cases that did not support the propositions advanced by the Buttons. (Dkt.
Nos. 21, 23, 25, 27.) While these filings do include the required certification, several of them also include citations to non-existent cases or cases which do not support the proposition advanced by the Buttons. Examples include: • On page 4 of their reply brief, the Buttons cite two Ninth District cases for the propositions that Rule 12(b) motions “must be filed before the responsive pleading” and a party that files an answer “may not thereafter file a Rule 12(b) motion.” (Dkt.
Nos. 23, 27) that include fictitious citations. The Court notes that other district courts have recently admonished the Buttons for including fictious citations in their filings.
Nos. 23, 27) that include fictitious citations. All other pending motions are DENIED as moot.