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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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OURIEL LOUSKY,

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Plaintiff,
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vs.
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DEAN PATTI,
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Defendant.
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__________________________________________)

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),

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filed on September 28, 2017. To date, Plaintiff has not filed an opposition to this motion and the time

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for opposition has now expired.

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Defendant requests that the Court consolidate this action with a separate action that is pending

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before the Eighth Judicial District Court, Patti & Sgro, P.C., et al. v. Lousky, A-16-748245-C.

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Defendant represents that these actions stem from the same failed real estate transaction between the

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parties. Defendant asserts that consolidation would avoid duplication of discovery and save judicial

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time and resources.

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Defendant’s request suffers from one fatal flaw. This Court does not have jurisdiction over

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the action pending before the Eighth Judicial District Court. In order for these cases to be subject to a

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motion for consolidation, Defendant must properly remove the state court action to this federal

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district. Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Consolidate Actions (ECF No. 27)
is denied.
DATED this 17th day of October, 2017.

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GEORGE FOLEY, JR.
United States Magistrate Judge