Burch v. Bellagio Hotel and Casino

Filing 26

ORDER that 21 Motion for Default Judgment is DENIED. Signed by Judge Jennifer A. Dorsey on 9/9/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Adrienne A. Burch,
Plaintiff,

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v.

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Case No. 2:14-cv-1141-JAD-PAL

Bellagio Hotel & Casino,

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Order Denying Second
Motion for Default
[#21]

Defendant.

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Pro se plaintiff Adrienne Burch filed this action against her employer the Bellagio

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Hotel & Casino on July 11, 2014. Doc. 1. Bellagio responded with a motion to dismiss on

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August 8, 2014. Doc. 8. Despite the pendency of the motion to dismiss, Burch moved for an

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entry of default against Bellagio because it did not file an answer to her complaint. Doc. 11.

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I denied that motion on August 12, 2014, Doc. 15, but Burch refiled it on September 4, 2014,

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while the motion to dismiss was still pending. Doc. 21.

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For the reasons stated in my previous order denying the very same motion, IT IS

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HEREBY ORDERED that Plaintiff’s Motion for Default [#21] is DENIED. Plaintiff is

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cautioned that the court has determined that Bellagio has timely appeared in this case by

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filing its motion to dismiss, see Doc. 15, and default is not warranted. Any future motion for

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default will be summarily denied.

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DATED: September 9, 2014
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JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE