Strohmeyer v. Belanger et al

Filing 119

ORDER granting Plaintiff's ECF No. 118 Motion for Extension of Time to Complete Service - deadline extended to 5/17/2019; granting Plaintiff's ECF No. 110 Motion to Amend, directing Clerk to file proposed Third Amended C omplaint; staying the discovery and dispositive motion deadlines set forth in ECF No. 81 Scheduling Order; denying as moot Plaintiff's ECF No. 113 Motion to Extend Discovery Deadline. Signed by Magistrate Judge William G. Cobb on 2/15/2019. (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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JEREMY STROHMEYER,
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Plaintiff,
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vs.
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K. BELANGER, et al.,
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Defendants.
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______________________________________)

3:14-cv-00661-RCJ-WGC
ORDER
Re: ECF Nos. 110, 113, 118

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Before the court is Plaintiff’s motion (ECF No. 118) seeking to extend the time within which
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Plaintiff may complete service upon Defendants Donna Jenkins (“aka Lisa Armstead”), James Keener,
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Keith Miranda and Michael Bobadilla. Plaintiff’s motion (ECF No. 118) is GRANTED. Plaintiff’s
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deadline to effect service on these defendants is extend to and including May 17, 2019. This order
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extending the time to complete service on the named Defendants should not be interpreted as endorsing
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Plaintiff’s contention these Defendants “have actively avoided service” (id. at 2) nor should it be taken
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as an indication the court will be granting Plaintiff’s motion to effect service by publication (ECF No.
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107), which the court will be addressing in a separate motion.
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Also before the court is Plaintiff’s motion to file a third amended complaint (ECF No. 110),
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which Defendants oppose in part (ECF No. 116). Plaintiff’s motion to amend (ECF No. 110) is
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GRANTED. The Clerk shall FILE the proposed Third Amended Complaint. However, the court will
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still have to screen the claims asserted in the Third Amended Complaint to identify those claims within
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the pleading which the court will allow to proceed. The parties should be aware that if the court
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determines any of the causes of action fail to state an actionable claim under 42 U.S.C. § 1983 that the
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court will have to do a Report and Recommendation to Senior District Judge Jones regarding this

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determination. Defendants shall defer responding to the Third Amended Complaint until after the court

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has completed screening of the pleading.

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In view of the necessity to screen the Third Amended Complaint, the court stays the discovery

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and dispositive motion deadlines set forth in this court’s Scheduling Order (ECF No. 81) until further

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order of the court. Therefore, Plaintiff’s Motion to Extend the Discovery Deadline (ECF No. 113) is

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DENIED as moot.

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As noted above, the court will resolve the Plaintiff’s motion to effect service by publication
(ECF No. 107) in a separate order.

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IT IS SO ORDERED.

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DATED: February 15, 2019.

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____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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