Union Pacific Railroad Company v. Guard Dog Heaven, LLC

Filing 108

ORDER denying 106 Motion for Judgment. Rather than wait for the magistrate judge to issue a final ruling on whether an extension of the motion deadline is appropriate, plaintiff filed the present motion. The court will deny the motion without prejudice, pending a ruling by the magistrate judge on the underlying objection filed by defendant. Signed by Judge James C. Mahan on 6/5/12. (Copies have been distributed pursuant to the NEF - ECS)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 UNION PACIFIC RAILROAD COMPANY, 2:09-CV-1622 JCM (RJJ) 8 Plaintiff, 9 10 v. 11 GUARD DOG HEAVEN, LLC, 12 Defendant. 13 14 ORDER 15 Presently before the court is plaintiff Union Pacific Railroad Company’s second renewed 16 motion for summary judgment. (Doc. #106). Defendant Guard Dog Heaven has not yet responded. 17 The dispositive motion deadline in this case was originally set for April 30, 2012. On that 18 date, plaintiff filed a motion seeking an extension of the deadline. (Doc. #102). On May 8, 2012, 19 the magistrate judge entered an order granting the extension. (Doc. #103). Subsequently, defendant 20 filed an objection to the order and motion, arguing that the deadline should not have been extended. 21 (Doc. #104). 22 On May 25, 2012, the undersigned referred defendant’s objection to the magistrate judge to 23 determine if, in light of defendant’s objection, the order extending the motion deadline should be 24 vacated. (Doc. #105). The objection is still pending. 25 ... 26 ... 27 ... 28 James C. Mahan U.S. District Judge 1 Rather than wait for the magistrate judge to issue a final ruling on whether an extension of 2 the motion deadline is appropriate, plaintiff filed the present motion. The court will deny the motion 3 without prejudice, pending a ruling by the magistrate judge on the underlying objection filed by 4 defendant. 5 IT IS SO ORDERED. 6 DATED June 5, 2012. 7 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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