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GANZ HAUF v. SCOTT

United States District Court, D. Nevada
Sep 17, 2010
2:10-CV-00996-PMP-LRL (D. Nev. Sep. 17, 2010)

Opinion

2:10-CV-00996-PMP-LRL.

September 17, 2010


ORDER


On August 10, 2010, the Court entered an Order (Doc. #12) granting Defendant Sportsman's Warehouse Inc.'s Motion to Dismiss for failure of Plaintiff to file a timely opposition.

On August 19, 2010, Plaintiff filed a Motion to Reconsider Order Granting Defendant's Motion to Dismiss (Doc. # 13). Plaintiff's Motion to Reconsider is based upon a stipulation reached by counsel for the parties (Doc. #13) July 30, 2010, which would have permitted Plaintiff to and including August 31, 2010 within which to file its opposition to Defendant's motion to dismiss. That stipulation was never approved by the Court, but Plaintiff argues that it was reasonable for Plaintiff to rely on the stipulation nonetheless. Defendant responds that any further extension would be futile. Indeed Defendant may be correct. However, the Court concludes it to be appropriate to resolve Defendant's Motion to Dismiss on its merits rather than a matter of procedural default. The Court, however, notes that Plaintiff has not provided a substance Opposition to Defendant's Motion to Dismiss. The Court will merit a very brief extension of time to do so.

IT IS THEREFORE ORDERED that Plaintiff GANTZ HAUF, Chtd's Motion to Reconsider Order Granting Defendant's Motion to Dismiss (Doc. # 13) is GRANTED and that this Court's Order (Doc. #12) granting Defendant Sportsman's Warehouse Inc.'s Motion to Dismiss is hereby VACATED. IT IS FURTHER ORDERED that Plaintiff GANZ HAUF, Chtd's shall have to and including September 27, 2010 , within which to file an Opposition to Defendant Sportsman's Motion to Dismiss (Doc. #4). Failure to do so will result in the immediate granting of Defendant Sportsman's Motion to Dismiss (Doc. #4).

DATED: September 17, 2010.


Summaries of

GANZ HAUF v. SCOTT

United States District Court, D. Nevada
Sep 17, 2010
2:10-CV-00996-PMP-LRL (D. Nev. Sep. 17, 2010)
Case details for

GANZ HAUF v. SCOTT

Case Details

Full title:GANZ HAUF, CHTD, Plaintiffs, v. DAVID SCOTT; UNIVERSITY MEDICAL CENTER OF…

Court:United States District Court, D. Nevada

Date published: Sep 17, 2010

Citations

2:10-CV-00996-PMP-LRL (D. Nev. Sep. 17, 2010)