Johnson v. Alcindor et al

Filing 52

ORDER that 48 Motion for a Scheduling Order is STRICKEN. FURTHER ORDERED that 51 Motion for Judgment is GRANTED. The Clerk shall enter judgment and close the case. Signed by Judge James C. Mahan on 12/3/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAUSTEVEION JOHNSON,
#82138

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ORDER

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Plaintiff,
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vs.
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TREVOR ALCINDOR, et al.,
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Defendants.

2:10-cv-02143-JCM-GWF

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Presently before the court is the matter of Johnson v. Alcindor et al, case no. 2:10-cv-02143-

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JCM-GWF. On March 7, 2012, the court entered an order granting the parties’ stipulation to dismiss

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the case with prejudice. (Doc. # 39). Plaintiff subsequently filed a motion to vacate the settlement

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agreement (doc. # 40) which this court denied on March 22, 2012. (Doc. # 43). The court found that

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it had no jurisdiction to vacate the settlement agreement under the Supreme Court’s holding in Kokkonen

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v. Guardian Life Ins. Co. Of America, 511 U.S. 375 (1994), and held that, “[a]bsent such a basis, the

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case remains closed pursuant to the parties’ stipulation.” (Id. at 2).

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Over 19 months later, the clerk’s office mistakenly issued a notice pursuant to Local Rule 41-1

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indicating that “[i]f no action is taken in this case within (30) days, the Clerk’s office will make an

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application to the Court for dismissal for want of prosecution.” (Doc. # 45). In response, plaintiff filed

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a motion for production of documents, a first set of interrogatories, and a motion for a scheduling order.

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(Docs. ## 46, 47, 48).

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As this case was dismissed with prejudice pursuant to the parties’ stipulation, and because the

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court lacked jurisdiction to vacate the stipulation, this case has long been closed. Defendants’ motion

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for judgment is granted.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiff’s motion for a

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scheduling order (doc. # 48) be, and the same hereby is, STRICKEN.
IT IS FURTHER ORDERED that defendants’ motion for judgment (doc. # 51) be, and the same
hereby is, GRANTED. The clerk shall enter judgment and close the case.
DATED December 3, 2013.

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_________________________________________
UNITED STATES DISTRICT JUDGE

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