Order | Filed: September 10, 2026
Gilvin v. Veneto Tuscan LLC et al
Other Statutory Actions | Nevada
Order
ORDER.
IT IS ORDERED that Plaintiff's 57 Expedited Motion for Leave to Supplement the Pleadings Pursuant to Federal Rule of Civil Procedure 15(d) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's FTCA claim against the Unit ed States is dismissed without prejudice and with one additional opportunity to amend.
IT IS FURTHER ORDERED that Plaintiff's ADA retaliation claim against Tuscan Cove Bar is dismissed without prejudice and with one additional opportunity to amend.
IT IS FURTHER ORDERED that if Plaintiff chooses to file an amended complaint that complaint must be titled "Second Amended Complaint." The amended complaint must be filed no later than October 1, 2026, and must contain all claim s and all facts in support of the claims Plaintiff seeks to assert.
IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff two USM-285 forms, who must return the forms no later than September 24, 2026, to:
Marshal Schofield
U.S. Marshal, District of Nevada
Lloyd D. George Federal Courthouse
333 Las Vegas Blvd. S., Suite 2058
Las Vegas, Nevada 89101
IT IS FURTHER ORDERED that the Clerk of Court must issue a summons for the Tuscan Cove and Karsaz Law and deliver the same, together with two copies of Plaintiff's 26 First Amended Complaint and of this Order to the U.S. Marshal Service for service on Defendants.
See order for further details.
REPORT AND RECOMMENDATION.
IT IS RECOMMEND ED that Plaintiff's Privacy Act claim against the United States Postal Service be DISMISSED with prejudice.
IT IS FURTHER RECOMMENDED that Plaintiff's IIED and Civil Conspiracy claims against all named Defendants be DISMISSED with prejud ice.
Objections to R&R are due by 9/24/2026.
Signed by Magistrate Judge Elayna J. Youchah on 9/10/2026. (Attachments: # 1 USM-285 forms) (Copies have been distributed pursuant to the NEF - AMMi - cc: USM) Modified on 9/11/2026 to correct typo (AMMi).