Olausen v. Murguia et al

Filing 86

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 10/2/2014, rescinding in its entirety as moot 65 R&R; denying as moot 49 , 64 , 69 , 70 , 72 , 74 , 75 , and 76 motions. Re 73 motion for leave to amend, response due 10/17/2014; reply due 10/27/2014. See order for further details. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JOHN S. OLAUSEN,

)
)
Plaintiff,
)
)
vs.
)
)
SGT. MURGUIA, et al.,
)
)
Defendants
)
_____________________________ )
PRESENT:

3:13-CV-0388-MMD (VPC)
MINUTES OF THE COURT
October 2, 2014

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
On September 25, 2014, defendants withdrew their motion for summary judgment (#31)
without prejudice and with leave to refile at a later date (#84). Therefore, the court orders as
follows:
1.
2.

3.
4.
5.
6.
7.
8.
9.

The report and recommendation issued by the Magistrate Judge (#65) on July 29,
2014 is hereby RESCINDED in its entirety as moot;
The court will issue a report and recommendation on plaintiff’s motion for partial
summary judgment (#48) based on the briefing already filed with the court unless,
within ten days, the plaintiff files a notice of withdrawal without prejudice and
with leave to refile a dispositive motion at a date to be set by the court;
Plaintiff’s motion for a hearing (#49) is DENIED as moot;
Plaintiff’s motion for leave to file additional affidavit in support of response to
motion to dismiss (#64) is DENIED as moot;
Plaintiff’s motion that the action be stayed for a period of ninety days to allow the
parties an opportunity to settle (#69) is DENIED as moot;
Defendants’ motion to strike plaintiff’s reply to defendants’ opposition to
objection to report and recommendation (#70) is DENIED as moot;
Plaintiff’s motion for leave to file a reply to opposition to objection to report and
recommendation (#72) is DENIED as moot;
Plaintiff’s motion to strike defendants’ motion to dismiss (#31) is DENIED as
moot;
Plaintiff’s objection regarding the report and recommendation (#75) is DENIED
as moot;

10.
11.

12.

Plaintiff’s motion to defer ruling upon dispositive motion (#76) is DENIED as
moot;
Pursuant to the court’s order #83, defendants shall have to and including Friday,
October 17, 2014 to file an opposition to plaintiff’s motion leave to amend
complaint (#73); thereafter, plaintiff shall have to and including Monday,
October 27, 2014 to file a reply; and
The court will issue a new date to file dispositive motions following the ruling on
the plaintiff’s motion to amend.

IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk