Hensley v. Clark County School District et al

Filing 24

ORDER that defendants shall file a response to plaintiff's "acceptance of offer of judgment," (ECF No. 23 ) within fourteen (14) days of the date of this order. Signed by Judge James C. Mahan on 11/3/16. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 STRATTON HENSLEY, 8 Case No. 2:16-CV-941 JCM (NJK) Plaintiff(s), 9 ORDER v. 10 CLARK COUNTY SCHOOL DISTRICT, et al., 11 Defendant(s). 12 13 Presently before the court is plaintiff James Hensley’s “acceptance of offer of judgment,” 14 filed on October 21, 2016. (ECF No. 23). Upon review of the docket in this case, there is no 15 indication of any “offer of judgment” that would explain the subject of plaintiff’s filing. Additionally, only plaintiff’s counsel has signed this document. (ECF No. 23 at 2). The 16 filing lacks any signature from the defendants, and the document does not otherwise comport with 17 LR IA 6-2, which dictates the form of stipulations. 18 District courts may exercise their discretion when managing cases within their jurisdiction. 19 See O'Neill v. United States, 50 F.3d 677, 687 (9th Cir. 1995) (citing Kerotest Mfg. Co. v. C-O- 20 Two Fire Equip. Co., 342 U.S. 180, 183–84 (1952)). 21 This court therefore construes this filing as a motion. Thus, LCR 12-1 shall apply in the 22 present case, and defendants shall have fourteen days from the date of this order to file a response. 23 There will be no reply. 24 25 ... ... .. 26 27 28 James C. Mahan U.S. District Judge ... ... 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants shall file a 3 response to plaintiff’s “acceptance of offer of judgment,” (ECF No. 23) within fourteen (14) days 4 of the date of this order. 5 6 DATED November 3, 2016. __________________________________________ UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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