Ferm v. McCarty et al
Filing
130
ORDER Accepting 109 , 112 , 113 , 114 , 115 , 116 , and 118 Reports and Recommendations in their entirety. IT IS ORDERED that 10 Defendants' Motion to Dismiss is Granted in part consistent with the body of Judge Leen's 109 Orde r and Report and Recommendation. 5 Plaintiff's First Amended Complaint is DISMISSED with leave to amend. Amended Complaint deadline: 2/28/2013. 22 Plaintiff's Motion for Preliminary Injunction is DENIED. 54 Plaintiff's Motion for Default Judgment is DENIED. 16 Plaintiff's Motion for Partial Summary Judgment is DENIED without prejudice. 23 Plaintiff's Motion for Partial Summary Judgment is DENIED without prejudice. 31 Plaintiff's Motion for Partial Summary Judgment is DENIED without prejudice. 61 Plaintiff's Motion to Amend Complaint is DENIED. See Order for Details. Signed by Judge Gloria M. Navarro on 02/20/2013. (Copies have been distributed pursuant to the NEF - AC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JACK FERM,
Plaintiff,
vs.
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COLLEEN MCCARTY, et al.,
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Defendants.
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Case No.: 2:12-cv-00782-GMN-PAL
ORDER ACCEPTING REPORT &
RECOMMENDATIONS OF MAGISTRATE
JUDGE PEGGY A. LEEN
(ECF Nos. 109, 112, 113, 114, 115, 116 and 118)
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Before the Court for consideration are the Reports and Recommendations (ECF Nos. 109,
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112, 113, 114, 115, 116 and 118) of the Honorable Peggy A. Leen, United States Magistrate
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Judge, entered January 28, 2013 (ECF No. 109), January 29, 2013 (ECF Nos. 112, 113, 114, 115
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and 116), and January 31, 2013 (ECF No. 118). No objections have been filed to any of the
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Reports and Recommendations. The Court has reviewed the pleadings on file herein, and hereby
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determines that Magistrate Judge Leen’s Recommendations with regard to ECF Nos. 109, 112,
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113, 114, 115, 116 and 118 should be ACCEPTED.
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IT IS THEREFORE ORDERED that ECF Nos. 109, 112, 113, 114, 115, 116 and 118,
are ACCEPTED in their entirety, and the same are hereby ORDERED, as follows:
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ECF No. 109 (Mtn to Dismiss – Dkt. #10) –
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1.
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Defendants’ Motion to Dismiss (ECF No. 10) is GRANTED in part consistent with
the body of Judge Leen’s Order and the Report and Recommendation (ECF No. 109).
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Plaintiff’s First Amended Complaint (ECF No. 5) is DISMISSED with leave to
amend.
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Plaintiff is granted leave to file a Second Amended Complaint that complies with
Rule 8 of the Federal Rules of Civil Procedure no later than February 28, 2013, if he believes
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he can correct the noted deficiencies.
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Plaintiff is advised that the Second Amended Complaint must be a complete
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document in and of itself, and will supersede the original Complaint (ECF No. 1) in its entirety.
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Any allegations, parties, or requests for relief from prior papers that are not carried forward in the
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First Amended Complaint will no longer be before the Court.
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Plaintiff is required to clearly title the Second Amended Complaint as such by
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placing the words “SECOND Amended Complaint” on page 1 in the caption, and Plaintiff is
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required to place the case number, 2:12-cv-00782-GMN-PAL above the words “SECOND
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AMENDED” in the space for “Case No.”
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Plaintiff is expressly cautioned that if he does not timely file a Second Amended
Complaint in compliance with this Order, this case will be immediately dismissed.
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ECF No. 112 (Mtn for Preliminary Injunction – Dkt. #22) –
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Plaintiff’s Motion for Preliminary Injunction (ECF No. 22) is hereby DENIED.
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ECF No. 113 (Mtn for Default Judgment – Dkt. #54) –
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Plaintiff’s Motion for Default Judgment (ECF No. 54) is DENIED.
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ECF No. 114 (Mtn for Summary Judgment – Dkt. #16) –
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Plaintiff’s Motion for Partial Summary Judgment (ECF No. 16) is DENIED, without
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prejudice.
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ECF No. 115 (Mtn for Summary Judgment – Dkt. #23) –
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Plaintiff’s Motion for Partial Summary Judgment (ECF No. 23) is DENIED, without
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prejudice.
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ECF No. 116 (Mtn for Summary Judgment – Dkt. #31) –
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Plaintiff’s Motion for Partial Summary Judgment (ECF No. 31) is DENIED, without
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prejudice.
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///
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ECF No. 118 (Mtn to Amend Complaint – Dkt. #61) –
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Plaintiff’s Motion to Amend Complaint (ECF No. 61) is DENIED.
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DATED this 20th day of February, 2013.
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________________________________
Gloria M. Navarro
United States District Judge
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