Ferm v. McCarty et al

Filing 111

ORDER Granting 49 Plaintiff's Motion to Withdraw. 30 Plaintiff's Motion for Sanctions is DEEMED WITHDRAWN. Defendants counter-request for sanctions is DENIED. Signed by Magistrate Judge Peggy A. Leen on 01/28/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JACK FERM,

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Plaintiff,
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vs.
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COLLEEN MCCARTY, et al.,
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Defendants. )
__________________________________________)

Case No. 2:12-cv-00782-GMN-PAL
ORDER
(Mtn for Sanctions - Dkt. #30)
(Mtn to Withdraw - Dkt. #49)

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This matter is before the court on Plaintiff Jack Ferm’s Motion for Sanctions Pursuant to Rule

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11 of the Federal Rules of Civil Procedure (Dkt. #30); Defendants’ Colleen McCarty’s, KLAS, LLC’s,

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and Steve Kanigher’s Response (Dkt. #42); Plaintiff’s Motion to Withdraw the Motion for Sanctions

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(Dkt. #49); Defendants’ Response (Dkt. #59); and Plaintiff’s Reply (Dkt. #79).

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The undersigned entered an Order and Report of Findings and Recommendation recommending

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that Plaintiff’s First Amended Complaint be dismissed with leave to amend. The court found that

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Plaintiff had not adequately established the court’s subject matter jurisdiction or complied with Rule 8

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of the Federal Rules of Civil Procedure and recommended dismissal of the First Amended Complaint

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(Dkt. #5) with leave to amend. Accordingly,

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IT IS ORDERED:

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1.

Plaintiff’s Motion to Withdraw (Dkt. #49) is GRANTED.

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2.

Plaintiff’s Motion for Sanctions (Dkt. #30) is DEEMED WITHDRAWN.

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3.

Defendants’ counter-request for sanctions is DENIED.

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Dated this 28th day of January, 2013.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE