Lousky v. Patti

Filing 28

ORDER. IT IS HEREBY ORDERED that 27 Defendant's Motion to Consolidate Actions is DENIED. Signed by Magistrate Judge George Foley, Jr on 10/17/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 OURIEL LOUSKY, ) ) Plaintiff, ) ) vs. ) ) DEAN PATTI, ) ) ) Defendant. ) __________________________________________) Case No. 2:16-cv-02915-JAD-GWF ORDER This matter is before the Court on Defendant’s Motion to Consolidate Actions (ECF No. 27), 14 filed on September 28, 2017. To date, Plaintiff has not filed an opposition to this motion and the time 15 for opposition has now expired. 16 Defendant requests that the Court consolidate this action with a separate action that is pending 17 before the Eighth Judicial District Court, Patti & Sgro, P.C., et al. v. Lousky, A-16-748245-C. 18 Defendant represents that these actions stem from the same failed real estate transaction between the 19 parties. Defendant asserts that consolidation would avoid duplication of discovery and save judicial 20 time and resources. 21 Defendant’s request suffers from one fatal flaw. This Court does not have jurisdiction over 22 the action pending before the Eighth Judicial District Court. In order for these cases to be subject to a 23 motion for consolidation, Defendant must properly remove the state court action to this federal 24 district. Accordingly, 25 26 27 IT IS HEREBY ORDERED that Defendant’s Motion to Consolidate Actions (ECF No. 27) is denied. DATED this 17th day of October, 2017. 28 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge

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