Bouari v. United States of America et al

Filing 30

ORDER granting 29 Motion for Leave to File Amended Complaint. IT IS ORDERED that plaintiff's motion is GRANTED as unopposed. LR 7-2(d). TheClerk of Court is kindly directed to detach and separately docket plaintiff's complaint. Signed by Magistrate Judge Brenda Weksler on 12/29/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:18-cv-00219-JCM-BNW Document 29 Filed 12/23/20 Page 1 of 3
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EUGENE G. IREDALE: SBN 75292
JULIA YOO: SBN 231163
GRACE JUN: SBN 287973
IREDALE & YOO, APC
105 West F Street, Fourth Floor
San Diego, CA 92101-6036
TEL: [phone]
FAX: [phone]

BENJAMIN C. DURHAM, ESQ.
Nevada Bar No. 7684
601 S 10th St.
Las Vegas, Nevada 89101
TEL: [phone]

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

10 GHASSAN HOUBOUS BOUARI,
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Plaintiff,

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13 v.
14 CHARLES RO; DENNIS LAO;
15 DOE INDIVIDUALS 1-20,
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Defendants.

CASE NO. 18-CV-00219-JCM-PAL
UNOPPOSED MOTION FOR LEAVE
TO FILE FIRST AMENDED
COMPLAINT

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Plaintiff Ghassan Housbous, through his attorneys, Benjamin C. Durham

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and Eugene Iredale, moves for leave to file the first amended complaint. The first

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amended complaint is in response to the government’s 12(b)(6) motion to dismiss

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the Bivens causes of action. The Plaintiff has elected not to proceed on two of the

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original four Bivens causes of action originally alleged: the Bivens claims for Equal

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Protection and Due Process Violation (originally denominated Count II) and for

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Unlawful Search and Seizure of Property and Belongings (originally denominated

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Count III). The Bivens claims for Malicious Prosection and Fabrication of

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Evidence (originally Count I) and Unlawful Seizure of the Person (originally

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Count IV) have been converted to a single cause of action which specifies the

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Constitutional harm (seizure and detention without probable cause) accomplished

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through the means of fabrication of evidence and malicious prosecution. Counsel

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for the defendants, Siegmund Fuchs, has been consulted and has no opposition to

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this motion.

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Plaintiff files this amended complaint in lieu of an opposition to the 12(b)(6)
motion.

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Respectfully Submitted,

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IREDALE AND YOO, APC

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Dated: December 23, 2020

s/ Eugene Iredale
EUGENE IREDALE
Attorney for Plaintiff
Ghassan Houbous Bouari
ORDER

IT IS ORDERED that plaintiff's motion is GRANTED as unopposed. LR 7-2(d). The
Clerk of Court is kindly directed to detach and separately docket plaintiff's complaint
(ECF No. 29-1).
IT IS SO ORDERED
DATED: 12:16 pm, December 29, 2020

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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE