Bonnet vs Nevada, State of, et al

Filing 20

DISREGARD DOCKET ENTRY - DUPLICATE ENTRY ORDER granting ECF No. 17 Stipulation to File an Amended Complaint in Lieu of a Response to Defendant's Motion to Dismiss; ECF No. 8 Defendant's Motion to Dismiss withdrawn. Signed by Judge Howard D. McKibben on 6/7/2018. (Copies have been distributed pursuant to the NEF - KW) Modified on 6/7/2018 to denote duplicate (KW).

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1 2 3 4 5 Mark Mausert NV Bar No. 2398 Cody Oldham NV Bar No.14594 729 Evans Avenue Reno, NV 89512 (775) 786-5477 Fax (775) 786-9658 mark@markmausertlaw.com Attorneys for Plaintiff 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 BOBBY BONNET, 10 Case No.: 3:18-cv-00159-HDM-WGC Plaintiff, 11 vs. 12 13 STATE OF NEVADA, DEPARTMENT OF TRANSPORTATION DIVISION AND DOES I-X, STIPULATION AND ORDER TO FILE AN AMENDED COMPLAINT IN LIEU OF A RESPONSE TO DEFENDANT’S MOTION TO DISMISS 14 Defendants. 15 / 16 Plaintiff, BOBBY BONNET, and Defendants STATE OF NEVADA ex. rel. 17 DEPARTMENT OF TRANSPORTATION DIVISION, by and through their undersigned counsels 18 of record, hereby stipulate and respectfully request an Order granting the stipulation to file an 19 amended complaint in lieu of a response to the defendant’s motion to dismiss filed on May 9, 2018. 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 28 Page 1 of 2 1 Plaintiff requests this Order because service of process has been effected in accordance 2 with Fed. R. Civ. P. 4, NRS 41.031 and NRS 408.611, and the proposed Amended Complaint 3 will therefore at least partially moot Defendant’s Motion to Dismiss (ECF No. 9). By way of this 4 Stipulation, Defendant does not concede that the claims in the Amended complaint have merit or 5 that the Court now has jurisdiction over all of the claims; however, Defendant agrees to withdraw 6 its Motion to Dismiss and allow Plaintiff to file his Amended Complaint. If the Court enters the 7 requested Order, Defendant reserves the right to move for dismissal of the Amended Complaint. 8 DATED this 6th day of June, 2018. DATED this 6th day of June, 2018. MARK MAUSERT LAW OFFICE ADAM PAUL LAXALT Attorney General /s/ Mark Mausert MARK MAUSERT CODY OLDHAM /s/ Cameron Vandenberg CAMERON P. VANDENBERG Chief Deputy Attorney General Attorneys for Plaintiff 9 Attorney for Defendant NDOT 10 11 12 13 14 15 IT IS SO ORDERED. 16 17 18 7th DATED this ____ day of June, 2018. __________________________________ UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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