Edick v. Allegiant Air, LLC et al

Filing 30

ORDER Denying as moot 22 Defendant Clark County Department of Aviation's Motion to Dismiss. Signed by Judge James C. Mahan on 6/9/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SANDRA EDICK, individually and as
Special Administrator for the Estate of
PHILLIP EDICK, deceased,

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2:11-CV-259 JCM (GWF)

Plaintiff,

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v.

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ALLEGIANT AIR, LLC, et al.,
Defendants.

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ORDER
Presently before the court is defendant Clark County Department of Aviation’s (hereinafter
“Clark County”) motion to dismiss (doc. #22). Plaintiffs failed to file an opposition.

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Plaintiffs filed their complaint (attached to the notice of removal doc. #1) in the Eighth

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Judicial District Court of Clark County, Nevada, on or about October 22, 2010, alleging that

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defendants Allegiant Air and Clark County’s negligence caused injuries to Mr. Edick. Defendant

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Clark County filed the present motion (doc. #22) on April 20, 2011, asserting that the complaint

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should be dismissed against it pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to

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state a claim.

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On May 5, 2011, defendant Clark County filed a stipulation of dismissal. (Doc. #25). On May

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16, 2011, the court entered an order (doc. #26) granting the stipulation to dismiss “all claims

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including, but not limited to, any and all direct claims, crossclaims and/or third-party claims”

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involving defendant Clark County without prejudice. On May 18, 2011, defendant Clark County

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James C. Mahan
U.S. District Judge

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filed a notice of entry of stipulation and order, notifying the court that the stipulation dismissed all

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claims against it. (Doc. #29).

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In light of the stipulation to dismiss (doc. #26), defendant Clark County’s present motion to

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dismiss (doc. #22) is moot.

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Accordingly,

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IT IS HEREBY ORDERED ADJUDGED AND DECREED that defendant Clark County

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Department of Aviation’s motion to dismiss (doc. #22) be, and the same hereby is, DENIED as

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moot.

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DATED June 9, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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