Levi v. State of Nevada, Department of Health & Human Services

Filing 8

ORDER Granting 7 Motion to Amend Complaint and Extend Time to Serve the Amended Complaint. Plaintiff must file 7 -2 the amended complaint on or before 9/27/16. IT IS FURTHER ORDERED that the service of process time is extended to 10/28/16. Signed by Magistrate Judge Cam Ferenbach on 9/20/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LEDENIA LEVI,
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Plaintiff,
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vs.
STATE OF NEVADA, DEPARTMENT OF
HEALTH & HUMAN SERVICES,

2:16-cv-00738-JAD-VCF
ORDER

Defendant.
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Before the Court is the Motion to Amend the Complaint and Extend the Time to Serve the
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Amended Complaint (ECF No. 7). Defendant has not made an appearance in this case. Plaintiff thought
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the Complaint was served on Defendant on April 7, 2016. Defendant claims that the complaint was not
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properly served pursuant to NRS 41.031(2). Id. Plaintiff requests to amend the complaint by pleading an
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ADA cause of action for reinstatement only against the former director and current director of the agency
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and a cause of action under section 504 of the Rehabilitation Act for damages. Id.
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Under Federal Rules of Civil Procedure 15(a), a party may amend its pleading once as a matter of
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course within 21 days after serving it or if the pleading is one to which a responsive pleading is required,
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21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e),
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or (f), whichever is earlier. Given, that Plaintiff initially thought Defendant was properly served and 21
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days after service passed, Plaintiff's motion is granted.
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Accordingly,
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IT IS HEREBY ORDERED that Plaintiff's Motion to Amend the Complaint and Extend the Time
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to Serve the Amended Complaint (ECF No. 7) is GRANTED.
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Plaintiff must file the amended complaint in (ECF No. 7-2) on or before September 27, 2016.

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IT IS FURTHER ORDERED that the service of process time is extended to October 28, 2016.

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DATED this 20th day of September, 2016.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE