Charles N Belssner v. The State of Nevada

Filing 27

ORDER VACATING 25 Order on Motion to Dismiss, Case reopened. FURTHER ORDERED that plaintiff Charles N. Belssner has until 12/23/2016 to respond to defendant State of Nevada's 22 motion to dismiss. Signed by Judge Andrew P. Gordon on 12/5/2016. (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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CHARLES N. BELSSNER,

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Plaintiff,
v.

Case No. 2:15-cv-00672-APG-PAL
ORDER

STATE OF NEVADA,
Defendant.

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Defendant State of Nevada filed a motion to dismiss. ECF No. 22. Plaintiff Charles

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Belssner did not timely respond, so I granted the motion as unopposed. LR 7-2(d). However, just

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two hours before my order was docketed, Belssner’s opposition was docketed. I did not see it

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when making my prior ruling.

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In his opposition, Belssner states that he never received the defendant’s motion to dismiss.

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ECF No. 24. He does not substantively respond to the defendant’s arguments but according to his

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response, he saw the defendant’s motion for the first time the same day he filed his response. Id.

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at 2. The certificate of service attached to the defendant’s motion does not indicate that Belssner

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was served. ECF No. 22 at 18. I therefore will vacate my prior order and grant Belssner until

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December 23rd to substantively respond to the defendant’s motion to dismiss.

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IT IS THEREFORE ORDERED that my order granting the defendant’s motion to dismiss
as unopposed (ECF No. 25) is VACATED.
IT IS FURTHER ORDERED that plaintiff Charles N. Belssner has until December 23,
2016 to respond to defendant State of Nevada’s motion to dismiss.
DATED this 5th day of December, 2016.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE