Fernandez v. Aranas et al

Filing 57

ORDER denying as moot 55 Motion for Relief. Signed by Magistrate Judge Nancy J. Koppe on 10/24/2017. (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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RENE F. FERNANDEZ,
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Plaintiff,
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vs.
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ROMEO ARANAS, et al.,
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Defendants.
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Case No. 2:16-cv-00812-JCM-NJK
ORDER
(Docket No. 55)

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Pending before the Court is Plaintiff Rene Fernandez’s motion for relief. Docket No. 55. The

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Court has considered Plaintiff’s motion and Defendant Romeo Aranas’ response. Docket Nos. 55, 56.

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The Court does not need a reply. The Court finds the motion properly resolved without a hearing. See

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Local Rule 78-1.

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Plaintiff asks the Court to take notice that, although Defendant’s reply to his motion for summary

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judgment was due no later than August 28, 2017, such reply had not been filed by Defendant or served

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on Plaintiff as of the filing of the instant motion. Docket No. 55 at 2. Plaintiff therefore asks the Court

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to deny Defendants’ motion for summary judgment and grant certain relief sought by Plaintiff. Id.

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Plaintiff’s entire motion and request for relief are based on his contention that Defendant failed to file

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and serve his reply to his motion for summary judgment. See Docket No. 55.

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....

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In response, Defendant Aranas submits that he filed and served his reply to the motion for

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summary judgment on August 28, 2017. Docket No. 56 at 1. See also Docket No. 43 (reply to motion

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for summary judgment, including certificate of service, filed on August 28, 2017). Defendant further

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submits that, concurrent with filing his response to the instant motion, he has mailed Plaintiff an

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additional copy of his reply to the motion for summary judgment. Docket No. 56 at 2.

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Accordingly, Plaintiff’s motion for relief, Docket No. 55, is hereby DENIED as moot.

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IT IS SO ORDERED.

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DATED: October 24, 2017.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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