Marshall v. Suey et al

Filing 65

ORDER that 25 Motion for Partial Summary Judgment is DENIED. THE COURT FURTHER ORDERS that defendants shall have 15 days in which to file a supplemental brief addressing any new issues raised by plaintiffs third amended complaint. THE COURT FU RTHER ORDERS that 49 Motion for Summary Judgment and 52 Motion to Dismiss are GRANTED. Plaintiff, however, shall have 45 days from the date of the entry of this order in which to file a motion for reconsideration. ; granting.; ( Brief due by 4/10/2015., Motions due by 5/10/2015.) Signed by Judge Lloyd D. George on 3/26/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GEORGE MARSHALL,

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Plaintiff,

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ORDER

v.

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Case No. 2:12-cv-1710-LDG-PAL

CAPT. R. SUEY, et al.,

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Defendants.

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Plaintiff has filed a motion for partial summary judgment (#25, opposition #34), and

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defendants have filed a motion for summary judgment (#49), and a motion to dismiss (#52). For

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the reasons set forth in defendants’ opposition to plaintiff’s motion for partial summary judgment,

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the motion will be denied. Furthermore, defendants are correct that plaintiff has failed to timely

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oppose their motion for summary judgment and motion to dismiss which, under the rules, entitles

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defendants to have their motions granted. However, while these motions were pending, the court

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granted plaintiff’s motion to amend the complaint (#60). In an abundance of caution, the court

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will order defendants to file a supplemental brief addressing any additional issues raised by

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plaintiff’s third amended complaint. The court will also grant defendants’ motion to dismiss and

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motion for summary judgment, but allow plaintiff to file a motion to reconsider the ruling.

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Plaintiff’s motion to reconsider must contain his opposition to defendants’ motion to dismiss and

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motion for summary judgment along with any additional arguments raised in defendants’

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supplement.

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THE COURT HEREBY ORDERS that, for the reasons identified in defendants’
opposition, plaintiff’s motion for partial summary judgment (#25) is DENIED.
THE COURT FURTHER ORDERS that defendants shall have 15 days in which to file a
supplemental brief addressing any new issues raised by plaintiff’s third amended complaint.

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THE COURT FURTHER ORDERS that defendants’ motion for summary judgment (#49)

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and motion to dismiss (#52) are GRANTED. Plaintiff, however, shall have 45 days from the date

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of the entry of this order in which to file a motion for reconsideration including his opposing

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points and authorities to defendants’ motion for summary judgment, motion to dismiss, and

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supplemental brief. If plaintiff fails to file his motion for reconsideration, the court at that time

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will enter judgment.

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DATED this ____ day of March, 2015.

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________________________
Lloyd D. George
United States District Judge

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