Breck v. Roger Doyle et al

Filing 222

ORDER - The pending motions to dismiss (ECF Nos. 208 , 210 , 213 ) and Joinder (ECF No. 214 ) are granted without prejudice under Local Rule 7-2(d) based on Plaintiff's failure to file opposing points and authorities.Clerk is direc ted to enter judgment accordingly and close this case because the respective motions to dismiss dispose of all remaining claims against all remaining Defendants. Signed by Chief Judge Miranda M. Du on 3/3/2020. (Copies have been distributed pursuant to the NEF - AB)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 WILLIAM BRECK, Case No. 3:12-cv-00649-MMD-CLB Plaintiff, 7 v. ORDER 8 ROGER DOYLE, et al., 9 Defendants. 10 11 This case arises from a state attorney-discipline matter. The Court previously 12 issued an order granting two motions to dismiss regarding pro se Plaintiff William Breck’s 13 Second Amended Complaint (SAC) (ECF No. 124). (ECF No. 185 (“Order”).) Plaintiff 14 appealed the Order. (ECF No. 191 (notice of appeal).) The Ninth Circuit Court of 15 Appeals affirmed the Order in part, reversed in part, and remanded for further 16 proceedings consistent with its decision. (ECF No. 197.) In particular, the court of 17 appeals reversed this Court’s dismissal of Plaintiff’s claims against the Individual 18 Defendants 1 (seven of nine individuals who participated in Plaintiff’s disciplinary 19 proceedings) for damages unrelated to the State Bar of Nevada’s disciplinary order. (Id. 20 at 4–6.) The court of appeals found that this Court committed error in applying state law 21 immunity to claims against these Defendants, though it noted that federally-recognized 22 common-law immunities may apply. (Id. at 5–6.) 23 Since remand to this Court, the Individual Defendants and the two other 24 Defendants—also in their individual capacities—have respectively filed three motions to 25 dismiss (“MTDs”) the SAC. (ECF Nos. 208 (filed by the Individual Defendants), 210 (filed 26 /// 27 28 1Individual Defendants collectively refer to David Clark, Kimberly Farmer, Laura Peters, Patrick King, J. Thomas Susich, Caren Cafferata-Jenkins, and Kathleen Breckenridge. (See, e.g., ECF No. 130 at 1.) 1 by Defendant Monica Caffaratti), and 213 (filed by Defendant Roger Doyle—which 2 Monica Caffaratti joined (ECF No. 214 (joinder)).) The last of the MTDs was filed on 3 January 15, 2020 (ECF No. 213). To date, Plaintiff has not responded to any of the 4 MTDs. The Court will therefore grant the MTDs pursuant to Local Rule 7-2(d). See LR 7- 5 2(d) (providing that “failure of an opposing party to file points and authorities in response 6 to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney[s’] fees, 7 constitutes a consent to the granting of the motion”). 8 It is therefore ordered that the pending motions to dismiss (ECF Nos. 208, 210, 9 213) and joinder (ECF No. 214) are granted without prejudice under Local Rule 7-2(d) 10 based on Plaintiff’s failure to file opposing points and authorities. 11 The Clerk of the Court is directed to entered judgment accordingly and close this 12 case because the respective motions to dismiss dispose of all remaining claims against 13 all remaining Defendants. 14 DATED THIS 3rd day of March 2020. 15 16 17 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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