Lasko v. American Board of Surgery, Inc. et al
Filing
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ORDER Denying as Moot 6 Defendant's Motion to Dismiss Based on Judiciary Immunity; Denying as Moot 8 Defendants' Motion to Dismiss or, Alternatively, to Transfer Venue; Denying as Moot 9 Defendants' Motion to Dismiss; Denying as Moot 10 Defendants' Motion to Dismiss; and Denying as Moot 15 Defendant's Motion to Dismiss. Signed by Judge Jennifer A. Dorsey on 01/09/2014. (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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Reverend Doctor Keith Alan Lasko,
Case No.: 2:13-cv-1893-JAD-NJK
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Plaintiff,
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vs.
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Order Denying as Moot Motions to
Dismiss [Docs. 6, 8, 9, 10, 15]
American Board of Surgery, et al.,
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Defendants.
Pro se Plaintiff Reverend Doctor Keith Alan Lasko initially filed a 394-page
Complaint against a slew of defendants, the merits of which are unimportant for purposes of
this Order. Currently pending before the Court are several motions to dismiss: Defendant
Mitchell S. Goldberg’s Motion to Dismiss Based on Judicial Immunity [Doc. 6]; a Motion to
Dismiss or, Alternatively, to Transfer Venue of Defendants American Board of Surgery,
Incorporated, Joseph B. Cofer, M.D., David M. Mahvi, M.D., Frank R. Lewis, Jr., Jo
Buyske, M.D., Mark A. Malangoni, M.D., and Gabriel L.I. Bevilaqcua, Esq. [Doc. 8]; a
Motion to Dismiss of Defendants Saul Ewing, LLP and Gabriel L.I. Bevilacqua [Doc. 9]; and
a Special Motion to Dismiss Plaintiff’s Complaint as a SLAPP Pursuant to NRS
41.660(1)(A); Motion for Attorney’s Fees Pursuant to NRS 41.670(1)(A); and Motion for
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Penalties Pursuant to NRS 41.670(1)(B), Doc. 10; and American Board of Internal
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Medicine’s Motion to Dismiss [Doc. 15].
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Subsequent to these filings, Lasko filed an Amended Complaint. Doc. 19. All
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previously moving defendants then filed motions to dismiss the Amended Complaint. See
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Docs. 21, 36, 43, 44, 45. Since the original round of motions to dismiss is targeted at the
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original complaint, which has now been superseded by the amended complaint, these
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motions are hereby denied as moot.
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Accordingly, based upon the foregoing reasons and with good cause appearing and no
reason for delay,
It is HEREBY ORDERED that Defendant Mitchell S. Goldberg’s Motion to Dismiss
Based on Judicial Immunity [Doc. 6] is DENIED AS MOOT.
It is FURTHER ORDERED that the Motion to Dismiss or, Alternatively, to Transfer
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Venue of Defendants American Board of Surgery, Incorporated, Joseph B. Cofer, M.D.,
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David M. Mahvi, M.D., Frank R. Lewis, Jr., Jo Buyske, M.D., Mark A. Malangoni, M.D.,
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and Gabriel L.I. Bevilaqcua, Esq. [Doc. 8] is DENIED AS MOOT.
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It is FURTHER ORDERED that the Motion to Dismiss of Defendants Saul Ewing,
LLP and Gabriel L.I. Bevilacqua [Doc. 9] is DENIED AS MOOT.
It is FURTHER ORDERED that the Special Motion to Dismiss Plaintiff’s
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Complaint as a SLAPP Pursuant to NRS 41.660(1)(A); Motion for Attorney’s Fees Pursuant
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to NRS 41.670(1)(A); and Motion for Penalties Pursuant to NRS 41.670(1)(B), Doc. 10; and
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American Board of Internal Medicien’s Motion to Dismiss [Doc. 15] is DENIED AS
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MOOT.
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DATED: January 9, 2014.
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_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE
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