Costello v. Democracy Prep Agassi Campus
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JONI M. COSTELLO,
Case No. 2:17-CV-02490-KJD-GWF
DEMOCRACY PREP AGASSI CAMPUS,
Presently before the Court is Plaintiff’s Motion to Dismiss (#3). Having read and considered
the motion, and good cause lacking, it is denied. The practice of the courts in the District of Nevada,
when cases are consolidated – or in a situation like this where they are duplicative – is to close the
higher numbered case and retain the first-filed action. Therefore, the Court denies the motion to
dismiss. The proper course of action would be to file a motion to consolidate the cases or to file a
motion to dismiss in the higher numbered action, 2:17-cv-02491-JAD-VCF.
IT IS SO ORDERED.
DATED this 27TH day of October 2017.
Kent J. Dawson
United States District Judge
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