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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JONI M. COSTELLO,

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Plaintiff,

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v.

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Case No. 2:17-CV-02490-KJD-GWF

DEMOCRACY PREP AGASSI CAMPUS,

ORDER

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Defendant.
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Presently before the Court is Plaintiff’s Motion to Dismiss (#3). Having read and considered

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the motion, and good cause lacking, it is denied. The practice of the courts in the District of Nevada,

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when cases are consolidated – or in a situation like this where they are duplicative – is to close the

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higher numbered case and retain the first-filed action. Therefore, the Court denies the motion to

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dismiss. The proper course of action would be to file a motion to consolidate the cases or to file a

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motion to dismiss in the higher numbered action, 2:17-cv-02491-JAD-VCF.

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IT IS SO ORDERED.

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DATED this 27TH day of October 2017.

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_____________________________
Kent J. Dawson
United States District Judge