Boren v. Bocca

Filing 137

ORDER. IT IS ORDERED that the Magistrate Judge's Report and Recommendation 131 is ADOPTED AND ACCEPTED. FURTHER ORDERED that plaintiff's Motion for an Injunctive Order to Preserve Evidence/TRO 124 is DENIED. FURTHER ORDERED t hat plaintiff's Motion for Judicial Intervention to Order Preservation of Evidence and Reverse Dismissal 128 is DENIED as moot in light of the Report and Recommendation 131 and the District Courts orders denying reconsideration 115 and den ying Motion to Vacate 127 . FURTHER ORDERED that defendants' Motion to Strike plaintiff's Motion for an Injunctive Order to Preserve Evidence/TRO 126 is GRANTED. FURTHER ORDERED that defendants' Second Motion to Strike 130 is GRANTED in light of the Report and Recommendation 131 . Signed by Judge Larry R. Hicks on 4/6/2011. (Copies have been distributed pursuant to the NEF - MLC)

Boren v. Bocca

Doc. 137

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** REO BOREN, ) ) Plaintiff, ) ) v. ) ) BOCCA, et al., ) ) Defendants. ) _____________________________________ )

3:08-cv-00174-LRH-VPC ORDER

Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke (#1311 ) entered on December 8, 2010, recommending that Plaintiff's Motion for an Injunctive Order to Preserve Evidence/TRO (#124) be DENIED, that Plaintiff's Motion for Judicial Intervention to Order Preservation of Evidence and Reverse Dismissal (#128) be DENIED as moot in light of the Report and Recommendation (#131) and the District Court's orders denying reconsideration (#115) and denying Plaintiff's Motion to Vacate (#127), that Defendants' Motion to Strike Plaintiff's Motion for an Injunctive Order to Preserve Evidence/TRO (#126) be GRANTED, and that Defendants' Second Motion to Strike (#130) be GRANTED in light of the Report and Recommendation (#131). No objection to the Report and Recommendation has been filed. The action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 of the Rules of Practice of the United

Refers to court's docket number.

Dockets.Justia.com

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States District Court for the District of Nevada. The Court has conducted its de novo review in this case, has fully considered the pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court determines that the Magistrate Judge's Report and Recommendation (#131) entered on December 8, 2010, should be adopted and accepted. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (#131) entered on December 8, 2010, is adopted and accepted. IT IS FURTHER ORDERED that Plaintiff's Motion for an Injunctive Order to Preserve Evidence/TRO (#124) is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Judicial Intervention to Order Preservation of Evidence and Reverse Dismissal (#128) is DENIED as moot in light of the Report and Recommendation (#131) and the District Court's orders denying reconsideration (#115) and denying Plaintiff's Motion to Vacate (#127). IT IS FURTHER ORDERED that Defendants' Motion to Strike Plaintiff's Motion for an Injunctive Order to Preserve Evidence/TRO (#126) is GRANTED. IT IS FURTHER ORDERED that Defendants' Second Motion to Strike (#130) is GRANTED in light of the Report and Recommendation (#131). IT IS SO ORDERED. DATED this 6th day of April, 2011.

_______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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