Brand v. Cox et al

Filing 74

ORDER that Defendants' Motion to Dismiss and Motion for Summary Judgment (ECF Nos. 59 , 60 ) are DENIED WITHOUT PREJUDICE; Plaintiff's motions to strike the re-filed motions (ECF Nos. 63 , 64 ) are DENIED AS MOOT. Signed by Magistrate Judge William G. Cobb on 7/27/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS BRAND,

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Plaintiff,

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Case No. 3:17-cv-00043-MMD-WGC

v.

ORDER
Re: ECF Nos. 59, 60, 63, 64

GREG COX, et. al.,

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Defendants.

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At a July 11, 2018 hearing, Deputy Attorney General Erin Albright withdrew a motion

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for summary judgment and motion to dismiss (ECF Nos. 24, 25) previously filed by defendants

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Keith and Moyle. (See Minutes at ECF No. 68 at 3.) At that time, the court suggested counsel

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consider deferring the re-filing of corrected motions until after the court issued an order

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screening the First Amended Complaint (FAC), as filing the motions before that point would

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render them moot once the FAC was screened. (Id.) Despite that suggestion, the motions were

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re-filed the following day. (ECF Nos. 59, 60.)

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The motions address the original complaint and screening order, and not the FAC.

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The court will be issuing a report and recommendation screening the FAC,

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recommending that certain claims be allowed to proceed, and that certain claims be dismissed

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with prejudice. The subject of that screening order includes topics raised in the re-filed motion to

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dismiss and motion for summary judgment. Since the motions do not address the operative

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pleading, and did not await an order addressing which claims will proceed in the FAC, the

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motions (ECF Nos. 59, 60) are DENIED WITHOUT PREJUDICE. Defendants may assess the

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viability of their arguments and determine whether to file further dispositive motions once an

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order issues addressing the recommendations on screening of the FAC.

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Plaintiff’s motions to strike the re-filed motions (ECF Nos. 63, 64) are DENIED AS

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MOOT.

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IT IS SO ORDERED.

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DATED: July 27, 2018.

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__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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