Barbieri v. Wynn/Las Vegas

Filing 34

ORDER Denying 33 Motion to Serve Wynn with 8 Complaint, 12 Amended Complaint, and 13 Amended Complaint. Signed by Magistrate Judge Carl W. Hoffman on 5/1/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY RUBEN ALDO BARBIERI,

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Plaintiff,
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vs.
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WYNN/LAS VEGAS,
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Defendant.
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____________________________________)

Case No. 2:12-cv-00429-MMD-CWH
ORDER

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This matter is before the Court on Plaintiff’s Motion to Serve Wynn with Complaint #8,
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Amended Complaint #12, and Amended Complaint #13.
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BACKGROUND
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On March 14, 2012, Plaintiff filed an Application for Leave to Proceed in Forma
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Pauperis (#1). On November 8, 2012, the Court granted Plaintiff’s Application to Proceed in
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Forma Pauperis and ordered the Clerk of the Court to file Plaintiff’s Complaint. See Order #7.
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In addition, the Court ordered that the Complaint be dismissed without prejudice and granted
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Plaintiff thirty (30) days to file an amended complaint correcting the noted deficiencies. On
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December 17, 2012 and December 18, 2012, Plaintiff filed Amended Complaints #12-13, which
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the Court ordered dismissed without prejudice. See Order #14. Plaintiff was given thirty (30)
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days to file another amended complaint correcting the noted deficiencies. On January 15, 2013,
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Plaintiff filed his Fourth Amended Complaint (#16), which the Court ordered the Clerk of the
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Court to file. See Order #17. In the instant motion, Plaintiff requests that the Court allow him to
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serve Defendant with the prior complaints, which were dismissed.
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DISCUSSION
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The finds that Plaintiff has failed to provide proper points and authorities in accordance
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with Local Rule 7-2 to grant the requested relief. The operative complaint in this case is the

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Fourth Amended Complaint #16 that superseded the prior Complaints #1-1, #8, #12, #13, which

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were all dismissed by this Court. If Plaintiff wishes to file a motion to amend the operative

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complaint, then he should do so by the motion to amend the pleadings deadline of May 28, 2013.

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See Order #27. However, his motion to serve prior complaints that have been dismissed is not

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supported by any authority and the Court will deny his request.

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Serve Wynn with Complaint #8,

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Amended Complaint #12, and Amended Complaint #13 is denied.
DATED this 1st day of May, 2013.

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___________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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