CFA Institute v. Robert Hixon et al

Filing 23

ORDER that the Clerk is directed to refile Defendant Hixons 8 Summons Response as a Motion to Dismiss, and set a briefing schedule pursuant to local rule 7-2. IT IS FURTHER ORDERED that defendant Hixon Holdings, LLC shall have up to, and including, 3/7/2014 in which to file an answer to 1 Plaintiff's Complaint in this case. Signed by Judge James C. Mahan on 02/12/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CFA INSTITUTE,

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2:13-CV-2258 JCM (NJK)

Plaintiff(s),
v.
ROBERT HIXON and HIXON
HOLDINGS, LLC,
Defendant(s).

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ORDER
Presently before the court is the matter CFA Institute v. Robert Hixon et al., case number
2:13-cv-02258-JCM-NJK.

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On January 9, 2014, pro se defendant Robert Hixon filed a document in this matter captioned

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“summons response.” (Doc. # 8). This document was labeled on the court’s docket as an answer to

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plaintiff’s complaint. Upon inspection, it appears that defendant intended for this document to serve

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as a motion to dismiss rather than an answer to plaintiff’s complaint, as it specifically requests

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dismissal four separate times. Also, the document does not assert a list of admissions and denials,

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which is common practice in an answer to a complaint.

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Therefore, the court will construe defendant Hixon’s January 9, 2014, filing as a motion to
dismiss and will set a standard briefing schedule for a response and reply.

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Additionally, defendant Hixon Holdings, LLC shall have up to, and including, March 7, 2014

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in which to file an answer to plaintiff’s complaint in this case. Defendant Hixon Holdings is

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James C. Mahan
U.S. District Judge

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encouraged to comply with the requirements of Federal Rule of Civil Procedure 8 with its answer.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the clerk is directed to re-

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file defendant Hixon’s “summons response” (Doc. # 8) as a motion to dismiss, and set a briefing

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schedule pursuant to local rule 7-2.

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IT IS FURTHER ORDERED that defendant Hixon Holdings, LLC shall have up to, and
including, March 7, 2014 in which to file an answer to plaintiff’s complaint in this case.
DATED February 12, 2014.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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