Southern Nevada Confederation of Clubs et al v. Las Vegas Metropolitan Police Department et al

Filing 24

ORDER Denying as unnecessary, 5 Motion to Strike 1 Complaint. Signed by Magistrate Judge Cam Ferenbach on 7/20/12. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 6 7 8 9 10 11 SOUTHERN NEVADA CONFEDERATION OF CLUBS, INC., et al., Plaintiffs, 2:12-cv -01093-KJD-VCF ORDER vs. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al., Defendants. 12 13 14 Before the Court is Plaintiffs’ Motion to Strike (#5). Plaintiffs allege that through “computer 15 error” the wrong document was filed on June 25, 2012, as plaintiff’s Complaint (#1). The Court issued 16 fifteen summonses on July 9, 2012. To date, no opposition has been filed to Plaintiff’s Motion to Strike. 17 No returns of service have been filed. 18 19 Striking Plaintiff’s Complaint is not appropriate in these circumstances. The second Complaint (#2), filed by Plaintiff on June 25, 2012, will be deemed an Amended Complaint filed in accordance 20 with Fed. R. Civ. P. 15(a). Plaintiff may request a refund of a mistakenly paid second filing fee by 21 writing a letter to Cindy Jensen, Chief Deputy Clerk, U. S. District Court, District of Nevada, explaining 22 23 24 25 the basis for the requests, attaching receipts for both filing fees paid in this case. For future reference, counsel for plaintiffs is advised to consult the Help Desk FAQ section of this court’s website, which provides detailed instructions on correcting documents/images filed in error. ( 1 2 IT IS HEREBY ORDERED that Plaintiffs’ Motion to Strike (#5) is denied as unnecessary. DATED this 20th day of July, 2012. _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2

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