Beckman v. Match.com, LLC

Filing 28

ORDER Match.com, LLC answer due fourteen days after Amended Complaint. Amended Complaint due twenty-one days from date of this Order. Signed by Judge James C. Mahan on 9/30/16. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 MARY KAY BECKMAN, 8 9 10 Case No. 2:13-CV-97 JCM (NJK) Plaintiff(s), ORDER v. MATCH.COM, LLC, 11 Defendant(s). 12 13 14 Presently before the court is the matter of Beckman v. Match.com, LLC., case number 2:13cv-00097-JCM-NJK. 15 On September 26, 2016, the Ninth Circuit issued a mandate as to its memorandum entered 16 on September 1, 2016 (ECF No. 24). (ECF No. 25). The Ninth Circuit affirmed in part, reversed 17 in part, and remanded the order (ECF No. 18) and judgment (ECF No. 19) entered on May 29, 18 2013. (ECF Nos. 24, 25). 19 The Ninth Circuit affirmed the dismissal of plaintiff’s claims for negligent 20 misrepresentation, unfair trade practices, negligence per se, and negligent infliction of emotion 21 distress. (ECF Nos. 24, 25). The dismissal of plaintiff’s failure to warn claim was reversed. (ECF 22 Nos. 24, 25). 23 In light of the foregoing, plaintiff has twenty-one (21) days from the date of this order to 24 file an amended complaint to cure the deficiencies in her failure to warn claim, if possible. 25 Thereafter, defendant has fourteen (14) days to file a responsive pleading. 26 Accordingly, 27 IT IS HEREBY ORDERED that plaintiff shall file an amended complaint to cure the 28 deficiencies in her failure to warn claim within twenty-one (21) days from the entry of this order. James C. Mahan U.S. District Judge 1 2 3 4 5 IT IS FURTHER ORDERED that defendant shall file a responsive pleading within fourteen (14) days thereafter. DATED September 30, 2016. __________________________________________ UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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