ORDER GLORIA M. NAVARRO, District Judge. This case arises out of the failure of commercial tenants to pay rent and subsequent fraud by Plaintiffs former collection agency. Pending before the Court are Defendant's Motion to Dismiss or for Summary Judgment (ECF No. 9); Defendants' Motion to Dismiss (ECF No. 11); and Plaintiffs Counter-Motion for Summary Judgment (ECF No. 16). For the reasons given herein, the Court denies Defendant's Motion to Dismiss or for Summary Judgment (ECF No. 9), denies...
ORDER JAMES C. MAHAN, District Judge. Presently before the Court are Defendant Secretary of State Ross Miller's Motion for Summary Judgment (# 13), and Plaintiffs' Motion for Summary Judgment (# 14), both filed on April 12, 2010. Each party opposed the other's motion (docket #16, 17). Defendant Miller replied to Plaintiffs' opposition (#18). The Court held a hearing on this matter on June 30, 2010, and heard arguments from the parties' counsel. DISCUSSION Plaintiffs mount a facial...
ORDER ROBERT C. JONES, District Judge. This case arises out the foreclosure of residential real property. Plaintiff has filed a Motion to Remand (ECF No. 9), and Defendant Quality Loan Service Corp. ("QLS") has filed a Motion for Summary Judgment (ECF No. 8). For the reasons given herein, the Court denies the motion to remand and grants the motion for summary judgment in part. I. FACTS AND PROCEDURAL HISTORY Plaintiff Caroline J. Karl is the owner of real property located at 8928 Wynne St.,...
ORDER GLORIA M. NAVARRO, District Judge. On March 17, 2007, David H. Forkey ("the Decedent") was struck by a vehicle while he was crossing the street in a crosswalk, and Medicare paid his accident-related medical costs. As a result of his injuries, Mr. Forkey passed away the following day. Defendant Leona Forkey ("Forkey"), who is not and was not a Medicare beneficiary, made a claim against the insurance proceeds of the Underinsured Motorist ("UM") provision of the Farmers automobile...
ORDER PHILIP M. PRO, District Judge. Presently before the Court is Plaintiff's Motion for Summary Judgment (Doc. #39), filed on August 19, 2010. Defendant filed a Response (Doc. # 44) on September 9, 2010. Plaintiff filed a Reply (Doc. # 46) on September 27, 2010. Also before the Court is Plaintiffs's Motion to Strike Affirmative Defenses (Doc. #40), filed on August 19, 2010. Defendant filed a Response (Doc. #42) on September 7, 2010. Plaintiff filed a Reply (Doc. # 45) on September 17, 2010....
ORDER PHILIP M. PRO, District Judge. Presently before the Court is Plaintiffs' Motion for Summary Judgment, Entry of Final Judgment, and to Strike Defendant's Mitigation Defense (Doc. # 126), filed on March 12, 2010. Defendant filed an Opposition (Doc. # 127) on April 5, 2010. Plaintiffs filed a Reply (Doc. # 137) on June 8, 2010. Also before the Court is Defendant's Motion for Leave to File Supplement to Opposition to Plaintiffs' Second Motion for Summary Judgment and Entry of Final...
NANCY J. KOPPE, Judge. The United States, by and through Daniel G. Bogden, United States Attorney, and Nancy J. Koppe, Assistant United States Attorney, asks this Court to unseal the affidavit of probable cause supporting the search warrant in the above-referenced case, as of December 10, 2010, as it is no longer necessary for it to remain sealed.
MOTION TO PERMIT APPEARANCE OF GOVERNMENT ATTORNEY PHILIP M. PRO, District Judge. Pursuant to LR IA 10-3, the United States of America respectfully requests that this honorable Court permit Michael M. Cabonargi and Andrea R. Wood to practice before this honorable Court in all matters relating to the above-captioned case. Mr. Cabonargi and Ms. Wood are attorneys with the United States Securities and Exchange Commission, an agency of the federal government. Mr. Cabonargi is a member in good...
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1) KENT J. DAWSON, District Judge. TO: ALL PARTIES AND THEIR COUNSEL OF RECORD WHEREAS, on September 7, 2007, Plaintiff Pirelli Armstrong Tire Corporation Retiree Medical Benefits Trust filed the above-captioned action in this District; WHEREAS, on September 17, 2007, a second derivative action was filed in this District and captioned Hodgkins, et al. v. Shuffle Master, Inc., et al. , Case No. 2:...
PLAINTIFFS' EX PARTE MOTION FOR EXTENSION OF TIME TO FILE A CONSOLIDATED AMENDED COMPLAINT PEGGY A. LEEN, Magistrate Judge. Plaintiffs Frank Holt and Norman Hart ("Plaintiffs"), by and through their counsel, hereby move the Court for an order pursuant to Local Rules 6-1 and 6-2 extending the time allotted by Stipulation and Order dated November 15, 2010, to file Plaintiffs' consolidated amended complaint which is presently due on December 15, 2010. See Stipulation and Order dated...
ORDER: (1) ACCEPTING AND APPROVING THE RECEIVER'S FOURTH DECLARATION AND REPORT; AND (2) AUTHORIZING PAYMENT OF FEES AND COSTS GLORIA M. NAVARRO, District Judge. This matter came before the Court on the Receiver's Fourth Declaration and Report and Motion for Authorization of Payment of Fees and Costs (the " Fourth Declaration and Report "). In the Fourth Declaration and Report, Robert G. Wing, as the duly-appointed Receiver of the corporate Defendants in this action, seeks entry of an order:...
Order EDWARD C. REED, District Judge. Plaintiff Equal Employment Opportunity Commission ("the EEOC"), the federal agency charged with enforcing Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), brought this action on behalf of Elizabeth Michelle Blackburn ("Blackburn") and other similarly situated individuals. Defendants are Lakemont Homes, Inc. and Lakemont Homes Nevada, Inc. (collectively "Lakemont"), builders and sellers of homes in planned communities in Northern...
ORDER KENT J. DAWSON, District Judge. Currently before the Court is Defendant's Motion to Suppress Involuntary Statements (# 18). The Government filed a Response (# 20), to which Defendant filed a Reply (#23). The Magistrate Judge issued a Report and Recommendation (# 42) on Defendant's Motion, recommending that the Court deny Plaintiff's Motion to Suppress. Defendant filed Objections (#46) to the Magistrate Judge's Report and Recommendation, to which the Government filed a Response (# 48)....
ORDER PHILIP M. PRO, District Judge. Presently before the Court is Defendant PacifiCare Life Assurance Company's Motion for Summary Judgment (Doc. #27), filed on December 23, 2009. Plaintiffs filed an Opposition (Doc. # 32) on February 8, 2010. Plaintiffs filed an Errata to the Opposition (Doc. # 33) on February 9, 2010. Defendant filed a Reply (Doc. # 34) on February 18, 2010. I. BACKGROUND On April 24, 2007, Lane Siefers ("Lane") submitted an application for insurance coverage for her...
ORDER PHILIP M. PRO, District Judge. Presently before the Court is Defendants' Motion to Dismiss Amended Complaint (Doc. # 27), filed on March 29, 2010. Plaintiff filed an Opposition (Doc. # 35) on April 22, 2010. Defendants filed a Reply (Doc. # 46) on May 10, 2010. Also before the Court is Defendants' Motion for Summary Judgment as to All Claims Against Defendant the Charles C. Brennan Living Trust (Doc. # 28), filed on March 29, 2010. Plaintiff filed an Opposition (Doc. # 32) and a...
PHILIP M. PRO, District Judge. Presently before the Court is Plaintiff/CounterDefendant Gregory Ricks' ("Ricks") and CounterDefendant Gee Whiz Domains, Inc.'s ("Gee Whiz") Motion for Partial Summary Judgment (Doc. # 55), filed on December 18, 2009. Defendant/Counterclaimant BMEzine.com, LLC filed an Opposition (Doc. # 70) on January 4, 2010. Ricks and Gee Whiz filed a Reply (Doc. # 106) on January 14, 2010. Also before the Court is Third Party Defendant Gee Whiz Domains, Inc.'s Motion for...
ORDER GLORIA M. NAVARRO, District Judge. This case arises out of the accidental cremation of Theodore Kennedy, contrary to the wishes of his family that he be buried. Defendant Palm Mortuary has settled with Plaintiffs, leaving Carriage Cemetery Services, Inc. ("Carriage") as the only remaining Defendant. Pending before the Court is Carriage's Motion for Partial Summary Judgment (# 98). Plaintiffs filed a response two days late. 1 For the reasons given herein, the Court grants the motion...
ORDER GLORIA M. NAVARRO, District Judge. INTRODUCTION Before this Court is Plaintiff's Motion for Summary Judgment (Motion, #57). This motion was reinstated for consideration on this Court's order vacating a previous order, which had improperly concluded that the Court was without jurisdiction. The Court also permitted Interveners to respond to Plaintiff's Motion for Summary Judgment, which they did so in a timely manner. (Response, #82). Plaintiff then filed a timely Reply (Reply, #92)....
ORDER GLORIA M. NAVARRO, District Judge. This case arises out of the failure of a property owner to satisfy allegedly delinquent contributions owed to certain union trust funds by the property owners' general contractor and a subcontractor. Plaintiffs have sued not only the delinquent contractor and subcontractor, but also the property owners, arguing that Nevada law makes the property owner itself liable for the delinquent amount. Pending before the Court is the property owner's Motion to...
ORDER GLORIA M. NAVARRO, District Judge. INTRODUCTION Before the Court is Defendant, Encore Productions, Inc.'s ("Encore"), Motion to Dismiss (# 9). Defendant alleges that Plaintiff has failed to meet the pleading standards under Rules 8 and 12(b)(6) and their interpretation under Iqbal and Twombly. Plaintiffs, the Trustees of the Nevada Resort Association-International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada Local 720...
