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Civil Rights: Accommodations | Nevada
Minute Order Order on Motion to Stay Case Order on Motion for Miscellaneous Relief
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 8/24/2026. Before this Court is Plaintiff's motion to accept her second amended complaint as timely. ECF No. 229 . The second amended complaint was due by 6/26/2026. ECF No. 213. Plaintiff filed her second amended complaint 19 minutes late, citing technical difficulties. ECF No. 229; see also ECF Nos. 227, 228. As a final courtesy to Plaintiff, the motion at ECF No. 229 is GRANTED. The second amended complaint at ECF Nos. 227, 228 is the operative complaint in this matter. The second amended complaint supersedes the first amended complaint in its entirety, which no longer serves any function and is treated as nonexistent. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992).This Court advises Plaintiff that it will not accept any further untimely filings under any circumstances. Plaintiff should anticipate and address any technical difficulties prior to any filing deadlines. Also before this Court is Plaintiff's motion to stay the amended complaint deadline set by ECF No. 213. ECF No. 218 . Plaintiff also requested a stay of any sanctions related to noncompliance with ECF No. 213 and a stay of the District Judge's resolution of the motion to dismiss at ECF No. 217. Because this Court has accepted Plaintiff's second amended complaint as timely and the first amended complaint is no longer the operative complaint, the motion at ECF No. 214 is DENIED as moot. (no image attached) (Copies have been distributed pursuant to the NEF - MAD)
Contract: Other | California Central
Text Only Scheduling Notice
SCHEDULING NOTICE TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Brianna Fuller Mircheff. The Motion for Sanctions (ECF 136) was recently referred to this Court for decision. The Court is not available on the originally scheduled date, and therefore sets the Motion for hearing on September 22, 2026, at 10 a.m. The briefing schedule on the Motion is set by Local Rule 7-9 and 7-10. The Court will not strike the Motion for failure to meet and confer, but may consider the adequacy of the meet and confer in evaluating Plaintiff's counsel's request for attorney's fees in connection with this Motion, if the Motion is granted and if it appears that a more thorough meet and confer might have avoided motion practice or narrowed the questions presented. 136 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY
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