Bradley et al v. United States of America

Filing 29

ORDER Granting 28 Unopposed Motion to Reopen Case and Rescind 26 Order Dismissing Case and 27 Clerk's Judgment. Signed by Judge Andrew P. Gordon on 5/28/2013. (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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***

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SHANNON BRADLEY, individually and as
Personal Representative of the Estate of
RICHARD WILLIAMS, deceased, SEAN
WILLIAMS and PATRICK WILLIAMS,

ORDER REOPENING CASE AND
RESCINDING ORDER DISMISSING
CASE [DKT #26]

Plaintiffs,

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v.

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Case No. 2:12-cv-01526 -APG-GWF

UNITED STATES OF AMERICA,
Defendant.

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On May 21, 2013, the Court entered its Order Dismissing Case Without Prejudice

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[Dkt. #26]. That Order was based upon Defendants’ Motion to Dismiss [Dkt. #15] filed

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November 16, 2012. Subsequent to entry of the Order dismissing this case, Plaintiffs

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filed a Motion to Reopen Case [Dkt. #28]. That Motion points out that, after the Motion to

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Dismiss [Dkt. #15] had been fully briefed, Plaintiffs filed a companion case (2:13-cv-250)

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alleging the same facts set forth in the Complaint in this case, but attaching the requisite

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Affidavit that had been missing from the first Complaint. The second-filed case (2:12-cv-

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0250) was consolidated into this case on March 5, 2013, and the second-filed case was

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closed.

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Plaintiffs contend that the consolidation of the second-filed Complaint into this

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case cures the defects in the original Complaint. Defendants’ counsel concurs with

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Plaintiffs’ Motion to Reopen this case, and has no objection to the Complaint being

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reinstated. Accordingly,

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IT IS HEREBY ORDERED that the Court’s May 21, 2013 Order [Dkt. #26] and
Clerk’s Judgment [Dkt. #27] are rescinded and this case is reopened.
Dated: May 28, 2013

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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