Bernard-Ex v. Las Vegas Metropolitan Police Department ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * * 9 BERNARD-EX, ORDER 10 Plaintiff, 11 v. Case No.: 2:21-cv-00100-RFB-BNW 12 PUPO et al., 13 Defendants. 14 15 BERNARD-EX, 16 Plaintiff, Case No.: 2:21-cv-00703-RFB-BNW 17 v. 18 LAURA REHFELDT et al., 19 Defendants. 20 BERNARD-EX, 21 Plaintiff, Case No.: 2:21-cv-00704-RFB-BNW v. 22 DEANNA MOLINAR et al., 23 24 BERNARD-EX, 25 Plaintiff, 26 v. Case No.: 2:21-cv-00705-RFB-BNW 27 STEVEN WOLFSON, 28 Defendants. 1 2 3 BERNARD-EX, 4 Plaintiff, Case No.: 2:21-cv-00706-RFB-BNW 5 v. 6 MARK CHAMBER S, 7 Defendants. 8 9 10 BERNARD-EX, 11 Plaintiff, 12 v. Case No.: 2:21-cv-00710-RFB-BNW 13 AARON FORD, 14 Defendants. 15 16 BERNARD-EX, 17 Plaintiff, Case No.: 2:21-cv-00716-RFB-BNW 18 v. 19 ROBERT WERBICKY, 20 Defendants. 21 22 BERNARD-EX, 23 Plaintiff, 24 v. Case No.: 2:21-cv-00718-RFB-BNW 25 STATE OF NEVADA, 26 Defendants. 27 28 1 BERNARD-EX., 2 Plaintiff, Case No.: 2:21-cv-00843-RFB-BNW 3 v. 4 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, 5 Defendants. 6 7 8 9 10 Before the Court for consideration is the Report and Recommendation of the Honorable 11 Brenda Weksler, United States Magistrate Judge, entered July 16, 2021. ECF No. 126. 12 A district court “may accept, reject, or modify, in whole or in part, the findings or 13 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific 14 written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 15 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed the district court is 16 required to “make a de novo determination of those portions of the report or specified proposed 17 findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local 18 Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct 19 “any review,” de novo or otherwise, of the report and recommendations of a magistrate judge. 20 Thomas v. Arn, 474 U.S. 140, 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due 21 by July 16, 2021. No timely objections have been filed. The Court has reviewed the record in this 22 case and concurs with the Magistrate Judge’s recommendations. 23 In accordance with Magistrate Judge’s recommendation, Plaintiff is permitted to file an 24 amended complaint. Plaintiff is advised that the amended complaint must contain all claims, 25 defendants, and factual allegations that plaintiff wishes to pursue in this lawsuit. Plaintiff is further 26 advised that he must specify which claims he is alleging against which defendants. Although the 27 Federal Rules of Civil Procedure adopt a flexible pleading policy, plaintiff must give fair notice 28 of each of the claims he is alleging against each defendant. He must allege facts showing how each 1 defendant is involved and the approximate dates of their involvement. Put another way, plaintiff 2 should tell the Court, in plain language, what each defendant did to him and when. “[L]egal 3 conclusions can provide the framework of a complaint, they must be supported with factual 4 allegations.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). 5 Additionally, plaintiff’s amended complaint must be short and plain. The simpler and more 6 concise plaintiff’s complaint, the easier it is for the Court to understand it. The Federal Rules also 7 require this. Under Federal Rule of Civil Procedure 8, Plaintiff’s amended complaint must contain 8 “a short and plain statement of the claim showing that [Plaintiff] is entitled to relief.” Fed. R. 9 Civ. P. 8(a)(2). “Each allegation must be simple, concise, and direct.” Fed. R. Civ. P. 8(d)(1). “A 10 party must state its claims or defenses in numbered paragraphs, each limited as far as practicable 11 to a single set of circumstances.” Fed. R. Civ. P. 10(b). “[E]ach claim founded on a separate 12 transaction or occurrence . . . must be stated in a separate count.” Id. 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / 27 / 28 / 1 IT IS THEREFORE ORDERED that the Report and Recommendation [126] 1s ACCEPTED and ADOPTED in full. 3 IT IS FURTHER ORDERED that Plaintiff shall have until August 31, 2021, to file an amended complaint in the leading case (2:21-cv-00100-RFB-BNW). 5 IT IS FURTHER ORDERED that all pending motions in the following cases are 6 | DENIED with leave to re-file—where appropriate—in the leading case: 2:21-cv-00703-RFB- BNW; 2:21-cv-00704-RFB-BNW; 2:21-cv-00705-RFB-BNW; 2:21-cv-00706-RFB-BNW; 2:21- 8 | cv-00710-RFB-BNW; 2:21-cv-00716-RFB-BNW; 2:21-cv-00718-RFB-BNW; 2:21-cv-00843- 9| RFB-BNW. 10 IT IS FURHTER ORDERED that the following cases be DISMISSED and closed: 2:21- 11 | cv-00703-RFB-BNW; 2:21-cv-00704-RFB-BNW; 2:21-cv-00705-RFB-BNW; 2:21-cv-00706- 12 | RFB-BNW; 2:21-cv-00710-RFB-BNW; 2:21-cv-00716-RFB-BNW; 2:21-cv-00718-RFB-BNW; 13 | 2:21-cv-00843-RFB-BNW. 14 IT IS FURTHER ORDERED that all pending motions in the leading case (2:21-cv- 15 | 00100-RFB-BNW) are DENIED without prejudice and may be re-filed after Plaintiff files the 16 | amended complaint. 17 The Court Clerk is directed to mail a copy of this order to Plaintiff. 18 19 20 DATED: August 3, 2021. 21 > 0 sk. Il UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 _5-