Sabatini v. Las Vegas Metropolitan Police Department

Filing 20

ORDER that Plaintiffs shall have until July 28, 2017 to file to file and serve a motion to consolidate in Case no 2:17-cv-01012 JAD-NJK. Defendants shall have 14 days from service of the motion to consolidate to file a response. Signed by Magistrate Judge Peggy A. Leen on 7/21/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN SABATINI,

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v.

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No. 2:17-cv-01012-JAD-NJK
Plaintiff,

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT,

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ORDER

Defendant.

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CHARLES MOSER,

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Plaintiff,

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Case No. 2:17-cv-01704-APG-PAL
(Mot Consolidate – ECF No. 8)

v.
DEVIN BALLARD, et al.,

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Defendants.

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Before the court is Plaintiff Charles Moser’s Motion to Consolidate with Case No. 2:17cv-01012-JAD-NJK (ECF No. 8) filed June 26, 2017.

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The motion asserts Case No. 2:17-cv-01012-JAD-NJK (“1012”) and Case No. 2:17-cv-

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01704-APG-PAL (“1704”) both involve Las Vegas Metropolitan Police Department’s

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(“LVMPD”) social media policy. Plaintiffs allege that LVMPD fired Sabattini, a corrections

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officer, and disciplined Moser, a SWAT officer, for comments they made on social media. Both

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assert the LVMPD policy is unconstitutionally vague and infringes on Plaintiffs’ First Amendment

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rights.

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The motion to consolidate was only filed in this case. Defendants filed an answer (ECF

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No 10) on July 11, 2017, but have not responded to the motion to consolidate which was served

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by mail before the amended complaint was filed and before answer was due. LR 42-1(b) requires
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a motion to consolidate to be filed and served “in each of the pending lawsuits the party seeks to

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have consolidated.” The LR provides that “[t]he motion to consolidate will be decided by the

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judge to whom the earliest filed action is assigned.” Id. Accordingly,

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IT IS ORDERED that:

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1. Plaintiffs shall have until July 28, 2017 to file to file and serve a motion to consolidate

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in Case no 2:17-cv-01012 JAD-NJK.
2. Defendants shall have 14 days from service of the motion to consolidate to file a
response.
DATED this 21st day of July, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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