Moreno v. Cortez-Masto et al

Filing 113

ORDERED that the # 107 Report and Recommendation is adopted and accepted, and Defendants' # 84 Motion for Summary Judgment is GRANTED. FURTHER ORDERED that Plaintiff's # 91 Motion for Summary Judgment is DENIED. FURTHER ORDERED that Plaintiff's # 111 Motion to Strike Defendants Opposition to Plaintiff's Objection to Doc 107 is DENIED. Signed by Judge Larry R. Hicks on 2/23/2013. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 ***** 9 10 11 12 13 JOSEPH MORENO, ) ) Plaintiff, ) ) v. ) ) CATHERINE CORTEZ MASTO, et al., ) ) Defendants. ) _____________________________________ ) 3:11-cv-00179-LRH-WGC ORDER 14 15 Before this Court is Report and Recommendation of U.S. Magistrate Judge William G. Cobb 16 (#1071 ) entered on January 4, 2013, recommending granting Defendants’ Motion for Summary 17 Judgment (#84) filed on June 26, 2012, and denying Plaintiff’s Motion for Summary Judgment (#91) 18 filed on July 13, 2012. Plaintiff filed his Objection to Magistrate Judge’s Report and Recommendation 19 (#108) on January 18, 2013. Defendants filed their Opposition to Plaintiff’s Objection to the 20 Magistrate Judge’s Report and Recommendation Granting Summary Judgment in Favor of Defendants 21 (#110) on January 28, 2013. Plaintiff then filed his Reply in Support of Plaintiff’s Objection to Doc 22 107 and to Defendants Improperly Made Opposition Pursuant to Doc 103 (#112) on February 11, 2013. 23 Plaintiff also filed a Motion to Strike Defendants Opposition to Plaintiff’s Objection to Doc 107 (#111) 24 on February 8, 2013. This action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 25 26 1 Refers to court’s docket number. 1 636(b)(1)(B) and LR IB 1-4 of the Local Rules of Practice of the United States District Court for the 2 District of Nevada. 3 The Court has conducted its de novo review in this case, has fully considered the objections and 4 reply of the Plaintiff, the response of the Defendants, the pleadings and memoranda of the parties and 5 other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) and Local Rule IB 3-2. The Court 6 determines that the Magistrate Judge’s Report and Recommendation (#107) entered on January 4, 7 2013, should be adopted and accepted. 8 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation 9 (#107) entered on January 4, 2013, is adopted and accepted, and Defendants’ Motion for Summary 10 Judgment (#84) is GRANTED. 11 IT IS FURTHER ORDERED that Plaintiff’s Motion for Summary Judgment (#91) is DENIED. 12 IT IS FURTHER ORDERED that Plaintiff’s Motion to Strike Defendants Opposition to 13 Plaintiff’s Objection to Doc 107 (#111) is DENIED. 14 IT IS SO ORDERED. 15 DATED this 23rd day of February, 2013. 16 17 _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 2

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