Smith v. United States of America

Filing 21

ORDER Denying 7 Motion for Default Judgment. Signed by Judge Jennifer A. Dorsey on 10/9/2013. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 BRADLEY SMITH, Case No.:2:13-cv-00039-JAD-GWF 9 Plaintiff, Order Denying Motion for Default Judgment [Dkt 7] 10 vs. 11 UNITED STATES OF AMERICA, 12 Defendants 13 14 This is an action by a former employee of the Department of Veterans Affairs alleging 15 that his supervisor at the VA committed several common law and constitutional torts against 16 the plaintiff during his employment. 17 On March 13, 2013, the Court granted Defendant until April 12, 2013, to answer or 18 otherwise respond to the Complaint [Dkt. 5]. On March 18, 2013, plaintiff filed a Motion for 19 Default Judgment [Dkt. 7]. At the time the Motion for Default Judgment was filed, the time 20 for response had not expired. Additionally, Defendant has since filed a Motion to Dismiss 21 for Lack of Jurisdiction [Dkt. 8], to which the plaintiff has responded [Dkt. 10]. 22 Accordingly, and with good cause appearing, 23 24 25 IT IS HEREBY ORDERED that plaintiff’s Motion for Default Judgment [Dkt. 7] is DENIED. DATED: October 9, 2013. 26 27 28 _________________________________ JENNIFER A. DORSEY UNITED STATES DISTRICT JUDGE

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