ME2 Productions, Inc. v. Does

Filing 33

ORDER that Magistrate Judge Koppe's 26 Report and Recommendation is ADOPTED and REJECTED in part. All Defendants except for Margaret Bacote-Newman are dismissed without prejudice. Plaintiff's 29 Motion for Entry of Clerks Defau lt is Granted. The clerk shall enter default against defendant Bacote-Newman. Signed by Judge James C. Mahan on 11/15/2017. (Copies have been distributed pursuant to the NEF - SLD) Modified to correct docket text on 11/15/2017 (SLD).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ME2 PRODUCTIONS, INC.,

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Plaintiff(s),

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Case No. 2:16-CV-2384 JCM (PAL)
ORDER

v.
LAURIE MANZI, et al.,

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Defendant(s).

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Presently before the court is Magistrate Judge Koppe’s report and recommendation

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following an order to show cause as to why the defendants should not be severed and all but the

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first-named defendant dismissed. (ECF No. 26). Plaintiff ME2 Productions, Inc., filed an

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objection. (ECF No. 31). Defendants have not filed a response, and the time to do so has since

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passed.

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Also before the court is plaintiff’s motion for entry of clerk’s default against defendant
Margaret F. Bacote-Newman. (ECF No. 29).

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The present case is one of many filed by plaintiff against numerous Doe defendants.

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Exhibit 1 to ME2’s objection contains its memorandum and points of authority to support its

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objections to the instant report and recommendation. (ECF No. 31-1). The exhibit is a carbon

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copy of plaintiff’s objections in the case of ME2 Productions, Inc. v. Bayu, case no. 2:17-cv-00724-

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JCM-NJK. The court issued an order in Bayu that adopted Magistrate Judge Koppe’s report and

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recommendation in that case and severed all but the first-named defendant. For the same reasons,

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the court finds severance here is appropriate for all but the first-named defendant that is still a party

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to the action.

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James C. Mahan
U.S. District Judge

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Plaintiff’s motion for entry of clerk’s default requests an entry of default against defendant

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Bacote-Newman. (ECF No. 29). The court will grant plaintiff’s motion. Plaintiff effectuated

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service on Bacote-Newman on March 2, 2017, which gave Bacote-Newman until March 23, 2017,

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to answer plaintiff’s complaint. (ECF No. 17). Bacote-Newman is yet to file a response. As the

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time for doing so has passed, the court will grant plaintiff’s motion for entry of clerk’s default.

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Accordingly,

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IT IS HEREBY ORDERED that Magistrate Judge Koppe’s report and recommendation

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(ECF No. 26) be, and the same hereby is, ADOPTED in part and REJECTED in part, consistent

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with the foregoing.

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IT IS FURTHER ORDERED that all defendants except for Margaret Bacote-Newman be,
and the same hereby are, dismissed without prejudice.

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IT IS FURTHER ORDERED that plaintiff’s motion for entry of clerk’s default (ECF No.

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29) be, and the same hereby is, GRANTED. The clerk shall enter default against defendant

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Bacote-Newman.

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DATED November 15, 2017.
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UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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