Sonntag v. Gurres et al

Filing 135

AMENDED ORDER re 132 Order : The # 121 Report and Recommendation is well taken and is APPROVED and ADOPTED. Therefore, IT IS ORDERED as follows: Plaintiff's # 55 Motion for Summary Judgment is DENIED. Defendant's # 88 Motion for Summar y Judgment is GRANTED as to Defendant Benedetti; Defendants' # 88 Motion for Summary Judgment be GRANTED as to all Defendants in their official capacities; Defendants' # 88 Motion for Summary Judgment be DENIED as to all other claims. IT IS FURTHER ORDERED that docket numbers 94, 95, 97, 98, 106, 113, 114, 116, and 117 are denied as moot. The Court finds that Defendants' # 129 Objections to the Report and Recommendation are deficient and are therefore overruled. However, Defendants may submit a second motion for summary judgment with properly authenticated evidence by 10/18/2011. Signed by Judge Edward C. Reed, Jr on 9/20/2011. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 10 DISTRICT OF NEVADA JASON ERIC SONNTAG, 11 12 13 Plaintiff, vs. 14 KENNETH GURRIES, et al., 15 Defendant. 16 17 18 ) Case No. 3:09-cv-00637-ECR-VPC ) ) ) ) ) AMENDED ORDER ) ) ) ) ) ) ) The Order of this Court (#132) filed on September 15, 2011, is amended to read as follows: 19 The Magistrate Judge filed a Report and Recommendation (#121) on 20 Defendants’ Motion for Summary Judgment (#88) recommending that the motion 21 be granted in part and denied in part and that Plaintiff’s Motion for Summary 22 Judgment be denied. The Report and Recommendation is well taken and is 23 APPROVED and ADOPTED. 24 Therefore, IT IS ORDERED as follows: 25 Plaintiff’s Motion for Summary Judgment (#55) is DENIED. 26 Defendant’s Motion for Summary Judgment (#88) is GRANTED as to 27 28 Defendant Benedetti; Defendants’ Motion for Summary Judgment (#88) be GRANTED as to all 1 2 3 4 5 6 7 8 9 Defendants in their official capacities; Defendants’ Motion for Summary Judgment (#88) be DENIED as to all other claims. IT IS FURTHER ORDERED that docket numbers 94, 95, 97, 98, 106, 113, 114, 116, and 117 are denied as moot. The Court finds that Defendants’ Objections (#129) to the Report and Recommendation are deficient and are therefore overruled. However, Defendants may submit a second motion for summary judgment with properly authenticated evidence within 28 days. 10 11 Dated this 20th day of September 2011. 12 13 _____________________________ EDWARD C. REED, JR. United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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