Drussel v. Elko County School District et al

Filing 34

ORDER - The defendants' 12 motion to dismiss plaintiff's defamation, libel, and slander claim pursuant to Nevada's Anti-SLAPP law is DENIED AS MOOT. Signed by Judge Howard D. McKibben on 08/13/2013. (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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MICHAEL DRUSSEL, as next friend
of his minor child, T.D.,

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Plaintiff,
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vs.
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ELKO COUNTY SCHOOL DISTRICT, JACK )
FRENCH, and MIKE ALTENBURG,
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Defendants.
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_________________________________ )

3:12-cv-00551-HDM-WGC
ORDER

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On July 2, 2013, the court ruled on defendants’ motion to
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dismiss, reserving its decision as to that part of defendants’
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motion that sought to dismiss plaintiff’s defamation, libel, and
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slander claim under Nevada’s Anti-SLAPP law.

The court directed

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the parties to engage in limited discovery with respect to that
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claim and directed plaintiff to file any supplemental opposition on
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or before August 12, 2013.

The court also granted plaintiff leave

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to file an amended complaint with respect to certain of his claims
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that had been dismissed.
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On July 22, 2013, plaintiff filed an amended complaint.

The

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amended complaint does not contain a defamation, libel, and slander
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claim.

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complaint.

Plaintiff’s amended complaint supersedes his original

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complaint.

Dichter-Mad Family Partners, LLP v. United States, 707

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F. Supp. 2d 1016, 1054 (C.D. Cal. 2010).

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defendants’ motion to dismiss plaintiff’s defamation, libel, and

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slander claim pursuant to Nevada’s Anti-SLAPP law is DENIED AS

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MOOT.

On August 12, 2013, defendants filed an answer to that

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IT IS SO ORDERED.

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Accordingly, the

DATED: This 13th day of August, 2013.

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____________________________
UNITED STATES DISTRICT JUDGE

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