Cannon v. State of Nevada et al

Filing 36

ORDER Granting 35 Motion to Vacate. IT IS FURTHER ORDERED that the Early Neutral Evaluation session scheduled for 2/8/2022, is VACATED. Signed by Magistrate Judge Elayna J. Youchah on 11/19/2021. (Copies have been distributed pursuant to the NEF - JQC)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY LEE CANNON

Case No. 2:20-cv-02231-JAD-NJK

Plaintiff,
Order

v.
STATE OF NEVADA, DEPARTMENT OF
HEALTH AND HUMAN SERVICES,
DIVISION OF WELFARE AND
SUPPORTIVE SERVICES, et al.,
Defendants.

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Before the Court is Defendants’ Motion to Vacate or Continue Early Neutral Evaluation (ECF

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No. 35). Defendants state on October 7, 2021, Defendants filed a Motion to Dismiss (ECF No. 21) noting

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many pleading deficiencies including arguments regarding immunity from money damages and legal

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insufficiencies of Plaintiff’s allegations such that the Motion is likely to result in either a complete

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dismissal or substantial pairing down of claims. As such, an Early Neutral Evaluation will be more

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effective and efficient following a decision on the pending Motion.

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Accordingly, IT IS HEREBY ORDERED that the Motion to Vacate or Continue Early Neutral
Evaluation (ECF No. 35) is GRANTED.

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IT IS FURTHER ORDERED that the Early Neutral Evaluation session scheduled for February

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8, 2022, is VACATED. The Early Neutral Evaluation will be reset after the Court issues its decision on

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the pending Motion to Dismiss if the decision does not dispose of this dispute in its entirety.

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Dated this 19th day of November, 2021.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE