Lawrence et al v. Las Vegas Metropolitan Police Department et al

Filing 37

ORDER Granting 24 Motion to Dismiss the 21 First Amended Complaint's Ninth and Tenth Claims for Relief without prejudice. Signed by Judge James C. Mahan on 11/9/17. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JACQUELINE LAWRENCE, et al.,

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Case No. 2:16-CV-3039 JCM (NJK)
Plaintiff(s),

ORDER

v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,
Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before the court is the defendants United States Department of Justice’s and the
United States Marshals Service’s motion to dismiss the first amended complaint’s ninth and tenth
claims for relief. (ECF No. 24).
The plaintiffs jointly filed a notice of non-opposition, indicating to the court that
“[p]laintiffs do not oppose Federal Defendants’ Motion to Dismiss the First Amended Complaint’s
Ninth and Tenth Claims for Relief against Federal Defendants on the basis that Plaintiffs have yet
to exhaust the administrative claims process under the Federal Tort Claims Act, 28 U.S.C. §§
1346(b)(1), 1402(b), 2401(b), 2402, 2671-2680 (‘FTCA’). . . . Therefore, Plaintiffs hereby request
that this Court dismiss Plaintiffs’ Ninth and Tenth Claim[s] for relief against Federal Defendants
without prejudice.” (ECF No. 26).
Good cause appearing, this court will grant the motion to dismiss.
Accordingly,
IT IS HEREBY ORDERED that the motion to dismiss the first amended complaint’s ninth
and tenth claims for relief (ECF No. 24) is GRANTED.

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IT IS FURTHER OREDERD that the first amended complaint’s ninth and tenth claims for
relief (ECF No. 21 at 26–30) are DISMISSED without prejudice.
DATED November 9, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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