Harden v. Monninghoff et al

Filing 60

ORDER Denying 43 Motion to Dismiss. Signed by Judge Andrew P. Gordon on 4/14/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HAROLD HARDEN,

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Case No. 2:14-CV-00377-APG-PAL
Plaintiff,
ORDER

v.
DR. MONNINGHOFF and AGULAR,

(Dkt. #43)

Defendants.

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Plaintiff Harold Harden moves to “dismiss” the defendants’ answer as untimely.
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Defendants acknowledge their answer was one day late, but they argue striking their answer is an
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unduly harsh remedy where the plaintiff has suffered no prejudice and any default should be set
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aside. I agree. See United States v. Signed Personal Check No. 730 of Yubran S. Mesle, 615 F.3d
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1085, 1091 (9th Cir. 2010).
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IT IS THEREFORE ORDERED that plaintiff Harold Harden’s motion to dismiss the
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defendants’ answer (Dkt. #43) is DENIED.
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DATED this 14th day of, 2015.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE