Mellor v. West Trop Storage, LLC

Filing 80

ORDER re 76 Order on Mandate. Motion to Amended Complaint deadline: 28 days from date of this Order. Signed by Judge James C. Mahan on 8/1/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ELI MELLOR,

Case No. 2:13-CV-1502 JCM (VCF)

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Plaintiff(s),

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ORDER

v.
WEST TROP STORAGE, LLC dba GREAT
AMERICAN STORAGE SOLUTIONS,
Defendant(s).

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Presently before the court is the Ninth Circuit’s memorandum in this case reversing this

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court’s denial of pro se plaintiff Eli Mollar’s motion to amend the complaint “because it is not
clear that amendment would be futile.” (ECF No. 73 at 2). Per that memorandum’s instruction,
this court finds that the parties are diverse. (Id. at 3) (citing Johnson v. Columbia Props.
Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006)).
Therefore, plaintiff will have twenty-eight (28) days from the date of this order to resubmit

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his motion to amend the complaint.

occurrences since this court’s 2015 decision to deny the motion to amend. However, the court
warns plaintiff that the failure to strictly comply with the twenty-eight (28) day deadline may be
grounds for dismissal of the case for failure to prosecute.
Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiff shall have

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James C. Mahan
U.S. District Judge

Plaintiff may include facts and allegations reflecting

twenty-eight (28) days from the date of this order to file a renewed motion to amend the complaint.
...
...

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IT IS FURTHER ORDERED that failure to strictly comply with the twenty-eight (28) day
deadline may be grounds for dismissal of the case for failure to prosecute.
DATED August 1, 2017.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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