Bishop-Davis v. NV Energy, Inc

Filing 12

ORDER. The court again schedules an ENE to commence December 13, 2017 at 9:30 a.m. in the chambers of the undersigned Magistrate Judge. The parties shall submit ENE statements no later than December 6, 2017. The order at Docket No. 7 continues to govern the ENE in this case. Signed by Magistrate Judge Nancy J. Koppe on 11/8/17. (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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MARILYN BISHOP-DAVIS,
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Plaintiff(s),
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v.
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NV ENERGY, INC.,
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Defendant(s).
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__________________________________________)

Case No. 2:17-cv-02576-JCM-VCF
ORDER

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On November 2, 2017, the Court set an early neutral evaluation in this case for December 13,

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2017. Docket No. 7. Based on the parties’ stipulation that such ENE should be held after a decision on

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Defendant’s motion to dismiss, the Court then vacated that ENE. Docket Nos. 8-9. Immediately

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thereafter, Plaintiff filed a motion to amend the complaint. Docket No. 11. Although the undersigned

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does not intend to prejudice the outcome of that motion and expresses no opinion herein whether it will

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be granted, the motion to amend appears to substantially decrease the potential that the pending motion

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to dismiss will dispose of this case. See Fed. R. Civ. P. 15(a)(1)(B) (parties may amend as a matter of

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course and without leave within 21 days of the service of a motion to dismiss); see also Eminence

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Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (per curiam) (when leave is required

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to amend under Fed. R. Civ. P. 15(a)(2), it is nonetheless provided with “extreme liberality”). Given

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the changed circumstances, the Court again schedules an ENE to commence December 13, 2017 at 9:30

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a.m. in the chambers of the undersigned Magistrate Judge on the fourth floor of the Lloyd D. George

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United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada. The parties shall

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submit ENE statements no later than December 6, 2017.

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The order at Docket No. 7 continues to govern the ENE in this case.

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IT IS SO ORDERED.

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Dated: November 8, 2017

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___________________________________
Nancy J. Koppe
United States Magistrate Judge

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