Jones v. Skolnik et al

Filing 648

ORDER that plaintiff's objections ECF No. 645 and defendants' objections ECF No. 643 to Second Amended Report and Recommendation are OVERRULED; Second Amended Report and Recommendation ECF No. 642 is ADOPTED AND ACCEPTED; Plaintiff's motion for summary judgment ECF No. 598 is DENIED; Plaintiff's motion to exclude evidence or, alternatively, to strike exhibits ECF No. 617 is DENIED; Plaintiff's motion to strike ECF No. 628 is GRANTED; Defendants' motion for summary judgment ECF No. 608 is GRANTED IN PART AND DENIED IN PART; Proposed Joint Pretrial Order due by 9/13/2018. Signed by Judge Larry R. Hicks on 7/30/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER A. JONES,

Plaintiff, ORDER

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v.

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***
Case No. 3:10-cv-00162-LRH-VPC

HOWARD SKOLNIK, et al.,
Defendants.

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Before this court is the Second Amended Report and Recommendation of Magistrate

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Judge Valerie Cooke, ECF No. 6421, which resolves several motions in the following manner:

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(1) recommends denying plaintiff’s motion for summary judgment, ECF No. 598; (2) denies

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plaintiff’s motion to exclude evidence or, alternatively, strike exhibits, ECF No. 617; (3) grants

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plaintiff’s motion to strike, ECF No. 628; and (4) recommends granting in part and denying in

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part defendants’ motion for summary judgment, ECF No. 608. Plaintiff and defendants both

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objected to the Second Amended Report and Recommendation. ECF Nos. 643, 645.
This action was referred to Judge Cooke under 28 U.S.C. § 636(b)(1)(B) and Local Rule

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IB 1-4 of the Rules of Practice of the United States District Court for the District of Nevada.

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The court has conducted a de novo review in this case, has fully considered the pleadings

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and memoranda of the parties—including the parties’ objections to the Second Amended Report

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and Recommendation—and other relevant matters of record under 28 U.S.C. § 636(b)(1)(B) and

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The operative Second Amended Report and Recommendation supersedes the Report and Recommendation (ECF
No. 635) and the Amended Report and Recommendation (ECF No. 639).

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Local Rule IB 3-2. The court determines that Judge Cooke’s Second Amended Report and

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Recommendation, ECF No. 642, shall be adopted and accepted.

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IT IS THEREFORE ORDERED that plaintiff’s objections (ECF No. 645) and

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defendants’ objections (ECF No. 643) to the Magistrate Judge’s Second Amended Report and

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Recommendation are OVERRULED.

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IT IS FURTHER ORDERED that the Magistrate Judge’s Second Amended Report and

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Recommendation (ECF No. 642) entered on June 14, 2018, is ADOPTED AND ACCEPTED.

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Plaintiff’s motion for summary judgment (ECF No. 598) is DENIED. Plaintiff’s motion to

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exclude evidence or, alternatively, to strike exhibits (ECF No. 617) is DENIED. Plaintiff’s

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motion to strike (ECF No. 628) is GRANTED. Defendants’ motion for summary judgment

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(ECF No. 608) is GRANTED IN PART AND DENIED IN PART. Plaintiff’s due process

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claim against defendant Yaqub Mustafaa shall be the only claim to proceed. The remaining

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claims and defendants shall be dismissed.

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IT IS FURTHER ORDERED that the parties shall file their proposed joint pretrial order
pursuant to Local Rules 16-3 and 16-4 within forty-five (45) days of the entry of this order.

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IT IS SO ORDERED.

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DATED this 30th day of July, 2018.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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