Khiger v. State of Nevada et al

Filing 57

ORDER Granting 27 , 42 , and 44 Motions to Dismiss. Defendant Bank of America's 29 Motion to Dismiss is Granted Without Prejudice. Plaintiff shall have 45 days to file a Second Complaint. Signed by Judge Lloyd D. George on 3/30/2015. (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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ALAN KHIGER,

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Plaintiff,

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ORDER

v.

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Case No. 2:14-cv-512-LDG-PAL

STATE OF NEVADA; et al.,

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Defendants.

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The court has read and considered the following motions and briefing, and no persuasive
argument having been raised, therefore,

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The court will grant defendant Zev Lagstein’s motion to dismiss (#27, opposition #35,

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reply #36). Plaintiff has not plead facts which allege damages in the jurisdictional amount of

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$75,000.

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The court will grant Bank of America’s motion to dismiss without prejudice (#29, response

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#48, reply #51). Plaintiff lacks standing. Plaintiff filed his response to Bank of America’s motion

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to dismiss well past the deadline without providing cause. Even if plaintiff’s response were

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timely, his allegations relate solely to Amazing Chiropractic, Inc.’s (“Amazing”) Bank of America

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bank account, which does not belong to plaintiff personally. The court will grant plaintiff 45 days

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in which to file a second amended complaint adding Amazing Chiropractic, Inc., as a plaintiff.

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However, Amazing Chiropractic, Inc., as a corporation, may only appear through counsel. If a

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second amended complaint curing the standing issue is not timely filed, the court will dismiss

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Bank of America with prejudice.

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The court will grant defendant R.H. Donnelley Inc., d/b/a Dex’s motion to dismiss (#42,

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response #52, reply #54). Plaintiff’s response to Dex’s motion to dismiss was filed past the

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deadline, and he provided no cause for his untimeliness. Even if plaintiff had timely filed his

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response, pursuant to the allegations of his complaint he lacks standing because the agreement

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upon which his claims are based was entered into by Amazing Chiropractic, Inc. Nor does

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plaintiff have standing for the alleged damages caused by his patients. Even if plaintiff were

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allowed to amend his complaint to add Amazing Chiropractic, Inc., the amendment would be

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futile because plaintiff fails to claim damages reaching the jurisdictional amount in controversy,

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$75,000. Finally, plaintiff failed to properly serve Dex, which is also cause for Dex’s dismissal.

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The court will grant defendant Padda’s motion to dismiss for insufficient process and

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insufficient service of process (#44, response #49, reply #50). Plaintiff did not properly serve

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Padda with a summons and complaint.

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THE COURT HEREBY ORDERS that defendant Zev Lagstein’s motion to dismiss (#27),

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defendant R.H. Donnelley Inc., d/b/a Dex’s motion to dismiss (#42), and defendant Padda’s

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motion to dismiss for insufficient process and insufficient service of process (#44) are

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GRANTED.

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THE COURT FURTHER ORDERS that defendant Bank of America’s motion to dismiss

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without prejudice (#29) is GRANTED. Plaintiff shall have 45 days in which to file a second

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amended complaint adding Amazing Chiropractic, Inc., as a plaintiff. However, Amazing

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Chiropractic, Inc., as a corporation, may only appear through counsel. If a second amended

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complaint curing the standing issue is not timely filed, the court will dismiss Bank of America

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with prejudice.

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DATED this ____ day of March, 2015.

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________________________
Lloyd D. George
United States District Judge

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