Rimer v. Sandoval et al

Filing 114

ORDER that 112 Motion for Magistrate Judge to Reconsider Magistrate Judge Order is GRANTED. IT IS FURTHER ORDERED that 111 Opposition to Motion for Summary Judgment is hereby stricken. IT IS FURTHER ORDERED that Response to 81 Motion for Summary Judgment is due by 9/8/2015. Signed by Magistrate Judge George Foley, Jr on 8/28/15. (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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STANLEY RIMER,
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Plaintiff,
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vs.
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BRIAN SANDOVAL, et al.,
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Defendant.
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__________________________________________)

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Case No. 2:13-cv-01440-JCM-GWF
ORDER

This matter is before the Court on Defendants’ Motion for Reconsideration of the Court’s
Order Dated August 26, 2015 (#112), filed on August 27, 2015.

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Defendants move for reconsideration of Court’s Order #111. In that Order, the Court

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permitted the filing of a brief by the Plaintiff that the Plaintiff represented to be 12 pages.

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Defendants argue that the Plaintiff misrepresented the total length of the brief, as the Plaintiff

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included additional legal arguments as exhibits instead of including them in the body of the brief.

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Reconsideration of the Court’s decision is appropriate in an instance of clear error by the Court.

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Sch. Dist. No. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). The

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Court’s decision relied on the Plaintiff’s representations and was in error. Legal arguments must be

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confined to the 30 page limitation set by Local Rule 7-4, and may not be included in exhibits.

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Accordingly,

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IT IS HEREBY ORDERED that the Defendants’ Motion for Reconsideration of the
Court’s Order Dated August 26, 2015 (#112) is granted.

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IT IS FURTHER ORDERED that the Plaintiff’s Opposition to the Motion for Summary

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Judgment (#111) is hereby stricken.

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IT IS FURTHER ORDERED that the Plaintiff will file his Opposition to the Motion for
Summary Judgment in full compliance with Local Rule 7-4 by September 8, 2015.
DATED this 28th day of August, 2015.

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GEORGE FOLEY, JR.
United States Magistrate Judge

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