Plaisted v. Shinseki

Filing 13

ORDER DENYING as moot D's 6 Motion to Dismiss. Signed by Judge Howard D. McKibben on 10/18/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT PLAISTED,

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Plaintiff,
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vs.
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UNITED STATES OF AMERICA; ERIC
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SHINSEKI, in his official
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capacity as Secretary of the
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DEPARTMENT OF VETERANS AFFAIRS, )
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Defendants.
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_________________________________ )

3:11-cv-00442-HDM-WGC

ORDER

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On August 26, 2011, defendant Shinseki filed a motion to

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dismiss the complaint on the grounds that the United States is the

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only proper party in a Federal Tort Claims Act action, which

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plaintiff had alleged in the original complaint. (Docket No. 6)

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September 9, 2011, this court granted the parties’ stipulation to

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extend the time in which to file a response to the motion to

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dismiss, extending the time to respond to September 26, 2011.
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On

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(Docket No. 9)

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stipulation for plaintiff to file an amended complaint for the

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purpose of adding the United States as a defendant, which this

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court granted on September 27, 2011.

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October 17, 2011, the plaintiff filed a First Amended Complaint and

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Jury Demand adding the United States as a defendant. (Docket No.

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DENIED as moot.

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On September 26, 2011, the parties filed a

(Docket Nos. 10, 11)

Accordingly, defendant’s motion to dismiss (Docket No. 6) is

IT IS SO ORDERED.
DATED: This 18th day of October, 2011.

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On

____________________________
UNITED STATES DISTRICT JUDGE

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