Green v. Bannister et al

Filing 70

ORDER adopting and accepting 69 Report and Recommendation; denying 54 and 64 Motions for Summary Judgment; referring case to to USMJ Cooke to conduct a settlement conference. If settlement is unsuccessful, proposed joint pretrial order due within 45 days of unsuccessful settlement conference. Signed by Judge Larry R. Hicks on 01/22/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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MATTHEW GREEN,

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Plaintiff,
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v.
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ROBERT BANNISTER; et al.,
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Defendants.
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_____________________________________ )

3:12-cv-00004-LRH-WGC
ORDER

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Before this Court is the Report and Recommendation of U.S. Magistrate Judge William G.

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Cobb (#691) entered on December 9, 2013, recommending denying Defendant’s Motion for Summary

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Judgment (#54) filed on March 15, 2013, and denying Plaintiff’s Cross-Motion for Summary Judgment

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(#64) filed on April 30, 2013. No objection to the Report and Recommendation has been filed. The

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action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4

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of the Rules of Practice of the United States District Court for the District of Nevada.

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The Court has conducted its de novo review in this case, has fully considered the pleadings and

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memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B)

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and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation

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(#69) entered on December 9, 2013, should be adopted and accepted.

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Refers to court’s docket number.

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IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#69)

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entered on December 9, 2013, is adopted and accepted, and Defendant’s Motion for Summary

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Judgment (#54) is DENIED.

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IT IS FURTHER ORDERED that Plaintiff’s Cross-Motion for Summary Judgment (#64) is
DENIED.
IT IS FURTHER ORDERED that this case is referred to the Honorable Valerie P. Cooke for
the purpose of conducting a settlement conference.

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IT IS FURTHER ORDERED that, if settlement is unsuccessful, the remaining parties shall

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submit their proposed joint pretrial order pursuant to Local Court Rules 16-3 and 16-4 within forty-five

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(45) days of the unsuccessful settlement conference.

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IT IS SO ORDERED.

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DATED this 22nd day of January, 2014.

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_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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