ME2 Productions, Inc. v. Does

Filing 37

ORDER denying 34 Motion to Vacate; ORDER adopting in part and rejecting in part 19 Report and Recommendation; ORDER denying 25 Motion for Entry of Clerks Default ; Signed by Judge James C. Mahan on 11/15/2017.; ADAM PAYNE, SALOME AGUILAR and ALETA MACHA terminated. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 ME2 PRODUCTIONS, INC., 8 Plaintiff(s), 9 10 Case No. 2:17-CV-122 JCM (VCF) ORDER v. LIANNA WOOD, et al., 11 Defendant(s). 12 13 Presently before the court is Magistrate Judge Koppe’s report and recommendation 14 following an order to show cause as to why the defendants should not be severed and all but the 15 first-named defendant dismissed. (ECF No. 19). Plaintiff ME2 Productions, Inc., filed an 16 objection. (ECF No. 23). Defendants have not filed a response, and the time to do so has since 17 passed. 18 19 20 21 Also before the court is plaintiff’s motion for entry of clerk’s default against defendant Aleta Macha. (ECF No. 25). Also before the court is defendant Marra’s motion to vacate clerk’s entry of default. (ECF No. 34). 22 The present case is one of many filed by plaintiff against numerous Doe defendants. 23 Exhibit 1 to ME2’s objection contains its memorandum and points of authority to support its 24 objections to the instant report and recommendation. (ECF No. 23-1). The exhibit is a carbon 25 copy of plaintiff’s objections in the case of ME2 Productions, Inc. v. Bayu, case no. 2:17-cv-00724- 26 JCM-NJK. The court issued an order in Bayu that adopted Magistrate Judge Koppe’s report and 27 recommendation in that case and severed all but the first-named defendant. For the same reasons, 28 the court finds severance here is appropriate. James C. Mahan U.S. District Judge 1 Accordingly, 2 IT IS HEREBY ORDERED that Magistrate Judge Koppe’s report and recommendation 3 (ECF No. 19) be, and the same hereby is, ADOPTED in part and REJECTED in part, consistent 4 with the foregoing. 5 6 7 8 9 10 11 12 13 IT IS FURTHER ORDERED that all defendants except for Lianna Wood be, and the same hereby are, dismissed without prejudice. IT IS FURTHER ORDERED that plaintiff’s motion for entry of clerk’s default (ECF No. 25) be, and the same hereby is, DENIED as moot. IT IS FURTHER ORDERED that defendant Marra’s motion to vacate clerk’s entry of default (ECF No. 34) be, and the same hereby is, DENIED as moot. DATED November 15, 2017. __________________________________________ UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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