Messina v. Albertson's LLC

Filing 29

REPORT AND RECOMMENDATION that Plaintiff's 21 Motion for Summary Judgment be Denied as moot. Objections to R&R due by 10/12/2017. Signed by Magistrate Judge Carl W. Hoffman on 9/28/2017. (Copies have been distributed pursuant to the NEF - SLD)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 VICTORIA MESSINA, 7 8 9 10 11 12 ) ) Plaintiff, ) ) vs. ) ) ALBERTSON’S LLC, ) ) Defendant. ) ____________________________________) Case No. 2:17-cv-00274-KJD-CWH REPORT AND RECOMMENDATION Presently before the court is Plaintiff Victoria Messina’s motion for summary judgment 13 (ECF No. 21), filed on September 12, 2017. Defendant Albertson’s LLC has not yet filed a 14 response. 15 Albertson’s recently moved to withdraw its deemed admissions under Rule 36(b) of the 16 Federal Rules of Civil Procedure due to an issue with service of Messina’s requests for admissions. 17 (Mot. to Withdraw Deemed Admissions (ECF No. 19).) Messina opposed the motion, and filed a 18 counter motion for summary judgment based on Albertson’s failure to respond to the requests for 19 admissions, arguing that the failure to respond to the requests for admissions left no material fact 20 undisputed. (Resp. & Countermot. (ECF Nos. 20, 21).) At the hearing held on September 26, 21 2017, the court granted Albertson’s motion to withdraw its deemed admissions. (Mins. of 22 Proceedings (ECF No. 28).) Thus, it appears to the court that Messina’s motion for summary 23 judgment is moot. 24 25 26 The court therefore recommends that Messina’s motion for summary judgment (ECF No. 21) be denied as moot. NOTICE 27 This report and recommendation is submitted to the United States district judge assigned to 28 this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may 1 file a written objection supported by points and authorities within fourteen days of being served 2 with this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may 3 waive the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 4 1991). 5 6 7 8 DATED: September 28, 2017 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?