ME2 Productions, Inc. v. Does

Filing 35

ORDER. IT IS HEREBY ORDERED that 27 Magistrate Judge Koppe's report and recommendation be, and the same hereby is, ADOPTED in part and REJECTED in part. IT IS FURTHER ORDERED that all defendants except for Anthony Will be, and the same her eby are, dismissed without prejudice. IT IS FURTHER ORDERED that 31 plaintiff's motion for entry of clerk's default against defendants Mejia and Guerrero be, and the same hereby is, DENIED as moot. IT IS FURTHER ORDERED that 32 plaint iff's motion for entry of clerk's default against defendant Will be, and the same hereby is, GRANTED. The clerk shall enter default against defendant Will. Signed by Judge James C. Mahan on 11/15/2017. (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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ME2 PRODUCTIONS, INC.,

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Plaintiff(s),

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Case No. 2:16-CV-2563 JCM (NJK)
ORDER

v.
ANTHONY WILL, 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. 27). Plaintiff ME2 Productions, Inc., filed an

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objection. (ECF No. 34). 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 clerk’s entry of default against defendants
Sandra Mejia and Santos Guerrero. (ECF No. 31).
Also before the court is plaintiff’s motion for clerk’s entry of default against defendant
Anthony Will. (ECF No. 32).

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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. 34-1). 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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James C. Mahan
U.S. District Judge

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

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defendant Will. (ECF No. 32). The court will grant plaintiff’s motion. Plaintiff effectuated service

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on Will on May 1, 2017, which gave Will until May 22, 2017, to answer plaintiff’s complaint.

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(ECF No. 20). Will is yet to file a response. As the time for doing so has passed, the court will

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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. 27) 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 Anthony Will be, and the same
hereby are, dismissed without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion for entry of clerk’s default against
defendants Mejia and Guerrero (ECF No. 31) be, and the same hereby is, DENIED as moot.

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IT IS FURTHER ORDERED that plaintiff’s motion for entry of clerk’s default against

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defendant Will (ECF No. 32) be, and the same hereby is, GRANTED. The clerk shall enter default

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against defendant Will.

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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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