Phillips v. State Bar of Nevada et al

Filing 19

ORDER Denying Plaintiff's 10 Motion for Joinder Without Prejudice. Signed by Magistrate Judge Carl W. Hoffman on 03/21/2016. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVID LEE PHILLIPS,

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Plaintiff,
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vs.
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STATE BAR OF NEVADA, et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-00412-GMN-CWH
ORDER

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Presently before the Court is Plaintiff David Lee Phillips’s Motion for the Required Joinder

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of the United States Department of Justice Employment Litigation Section (ECF No. 10), filed on

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February 29, 2016. Plaintiff moves the for entry of an order joining the United States Department

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of Justice Employment Litigation Section (“DOJ”) as a party in this case, arguing the DOJ must be

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joined for the purpose of enforcing federal statutes including 42 U.S.C. §§ 1983 and 2000e. A

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response was not filed.1

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Plaintiff provides a lengthy factual background regarding the underlying dispute, which is

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supported by a declaration of counsel. Plaintiff also paraphrases a portion of Federal Rule of Civil

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Procedure 19. Plaintiff does not, however, provide any legal authority demonstrating that the DOJ

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must be joined as a plaintiff under Rule 19 under the circumstances of this case. Local Rule 7-2

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requires all motions to be supported by points and authorities and provides that the “failure of a

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moving party to file points and authorities in support of the motion shall constitute a consent to the

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denial of the motion.” Given that the Plaintiff does not provide the Court with points and

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Plaintiff has not filed proof of service of the amended complaint as to the Defendants in this
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indicates that a copy was mailed to the Department of Justice, Employment Litigation Section, but the
DOJ is not a party in this case and has not appeared in this case.

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authorities that are adequate for the Court to evaluate his motion, the Court will deny Plaintiff’s

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motion without prejudice.

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IT IS SO ORDERED.

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DATED: March 21, 2016.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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