Costello v. Democracy Prep Agassi Campus

Filing 4

ORDER Denying 3 Motion to Dismiss. Signed by Judge Kent J. Dawson on 10/27/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 JONI M. COSTELLO, 10 Plaintiff, 11 v. 12 Case No. 2:17-CV-02490-KJD-GWF DEMOCRACY PREP AGASSI CAMPUS, ORDER 13 Defendant. 14 15 Presently before the Court is Plaintiff’s Motion to Dismiss (#3). Having read and considered 16 the motion, and good cause lacking, it is denied. The practice of the courts in the District of Nevada, 17 when cases are consolidated – or in a situation like this where they are duplicative – is to close the 18 higher numbered case and retain the first-filed action. Therefore, the Court denies the motion to 19 dismiss. The proper course of action would be to file a motion to consolidate the cases or to file a 20 motion to dismiss in the higher numbered action, 2:17-cv-02491-JAD-VCF. 21 IT IS SO ORDERED. 22 DATED this 27TH day of October 2017. 23 24 25 26 _____________________________ Kent J. Dawson United States District Judge

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