Barlow v. Herman et al

Filing 89

ORDER. IT IS ORDERED that 87 Plaintiff Randall Bruce Barlow's Request for Clerk's Entry of Default Against All Defendants is GRANTED in part and DENIED in part as stated in this order. IT IS FURTHER ORDERED that the Clerk of Court must enter default as to all defendants except Defendant Willow Creek San Martin Building, LLC. Signed by Magistrate Judge Carl W. Hoffman on 11/30/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RANDALL BRUCE BARLOW,

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Plaintiff,
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vs.
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DONALD S. HERMAN, et al.,
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Defendants.
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__________________________________________)

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Case No. 2:13-cv-00033-JAD-CWH
ORDER

Presently before the court is Plaintiff Randall Bruce Barlow’s Request for Clerk’s Entry of
Default Against All Defendants (ECF No. 87), filed on November 21, 2016.

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The undersigned recommended that the following defendants’ answer and counterclaim be

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stricken: Defendants Donald Herman, Herman Family Trust, Willow Creek at San Martin Assisted

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Living, LLC, Willow Creek Buffalo Assisted Living, LLC, Willow Creek Buffalo, LLC, Willow Creek

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Memory Care West, LLC, and Silver Care, LLC. (Report & Recommendation (ECF No. 80).) The

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court stated, however, that the report and recommendation did not apply to Defendant Willow Creek

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San Martin Building, LLC because it had filed a notice of bankruptcy, thereby staying the case as to that

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defendant. (Id. at 1, n.1.) The Honorable Jennifer A. Dorsey adopted the report and recommendation

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and struck those defendants’ answer and counterclaim. (Order (ECF No. 81).) At the status hearing on

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November 15, 2016, the parties’ attorneys were unable to update the court regarding the status of

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Defendant Willow Creek San Martin Building, LLC’s bankruptcy. (Mins. of Proceedings (ECF No.

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83).)

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Plaintiff now requests that the Clerk of Court enter default against all defendants, including
Defendant Willow Creek San Martin Building, LLC. Given that Defendant Willow Creek San Martin

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Building, LLC filed a notice of bankruptcy, the court will deny Plaintiff’s motion as to Defendant

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Willow Creek San Martin Building, LLC. The court will grant the motion as to the remaining

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defendants.

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IT IS THEREFORE ORDERED that Plaintiff Randall Bruce Barlow’s Request for Clerk’s

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Entry of Default Against All Defendants (ECF No. 87) is GRANTED in part and DENIED in part as

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stated in this order.

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IT IS FURTHER ORDERED that the Clerk of Court must enter default as to all defendants
except Defendant Willow Creek San Martin Building, LLC.

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DATED: November 30, 2016
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C.W. Hoffman, Jr.
United States Magistrate Judge

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