Ferguson v. Wal-Mart Stores, Inc.

Filing 40

ORDER Granting 37 Motion Clarify Court's 34 Order Regarding The Striking of Plaintiff's Amended Complaint. Clerk of the Court shall reinstate Plaintiffs 14 Amended Complaint as to all parties except Defendant BRR Architecture, Inc. Signed by Magistrate Judge George Foley, Jr on 2/6/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES FERGUSON, individually and as the
personal representative of the ESTATE OF
ROSELYN FERGUSON,

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Plaintiff,
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vs.
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WALMART STORES, INC.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-00517-JCM-GWF
ORDER

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This matter comes before the Court on Plaintiff’s Motion to Clarify (#37), filed on January

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27, 2014. Defendant Wal-Mart filed a Notice of Non-Opposition (#38) on January 28, 2014.

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Plaintiff seeks clarification of this Court’s December 3, 2013 Order (#34) granting Defendant BRR

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Architecture’s Motion to Strike Complaint (#22).

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BRR filed its Motion to Strike (#22) on October 22, 2013, which Plaintiff did not oppose.

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The Court heard and granted the Motion (#22) on December 2, 2013. See Minutes of Proceedings,

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Doc. #33. In its subsequent written Order (#34), the Court stated that “BRR Architecture, Inc.’s

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Motion to Strike Plaintiff’s Amended Complaint (#22) is granted.” Thereafter, the Clerk of the

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Court struck Plaintiff’s Complaint in its entirety. Because the Motion to Strike (#22) was only as

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to BRR, however, Plaintiff now moves for a clarification of the Court’s Order (#34) reinstating the

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Complaint (#14) as to all the other parties. There being no opposition and because the Court only

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struck those pleadings operative against BRR,

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...

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...

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Clarify Court’s Order (#37) is
granted.
IT IS FURTHER ORDERED that Clerk of the Court shall reinstate Plaintiff’s Amended
Complaint (#14) as to all parties except Defendant BRR Architecture, Inc.
DATED this 6th day of February, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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