Dace v. United States Postal Service (USPS)

D. Nevada

Dace v. United States Postal Service (USPS)

DecidedFebruary 4, 2025

Docket2:25-cv-00059

StatusUnknown

This text of Dace v. United States Postal Service (USPS) (Dace v. United States Postal Service (USPS)) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dace v. United States Postal Service (USPS), (D. Nev. 2025).

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 || Philip Dace, 2:25-cv-00059-GMN-MDC 4 Plaintiff, ; ORDER GRANTING MOTION vs. 6 || United States Postal Service (USPS), 7 Defendant. 8 Pending before the Court is defendant’s Motion to Extend to Respond to Complaint (“Motion”) 9 || (ECF No. 7). No opposition has been filed, and the time to do so has passed. See LR 7-2(d) (“The failure 10 || of an opposing party to file points and authorities in response to any motion...constitutes a consent to 11 granting of the motion.”). 12 13 ACCORDINGLY, 14 IT IS ORDERED that the Motion to Extend Time to Respond to Complaint (ECF No. 7) is 15 || GRANTED. Federal Defendant shall file a response to plaintiffs complaint by March 18, 2025. 16 , p, a - 17 DATED this 4 day of February 2025. Lin if fA 18 IT IS SO ORDERED. Jf ff \ of ff 19 “ Hon. Maxifnilian D. Couvillier □ 50 United States Mgpistrate Judge NOTICE 21 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and

33 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk

of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal

1 may determine that an appeal has been waived due to the failure to file objections within the specified 2 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). 3 This circuit has also held that (1) failure to file objections within the specified time and (2) 4 failure to properly address and brief the objectionable issues waives the right to appeal the District 5 Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 6 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 7 Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 8 change of address. The notification must include proof of service upon each opposing party’s attorney, 9 or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 10 result in dismissal of the action.

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 || Philip Dace, 2:25-cv-00059-GMN-MDC 4 Plaintiff, ; ORDER GRANTING MOTION vs. 6 || United States Postal Service (USPS), 7 Defendant. 8 Pending before the Court is defendant’s Motion to Extend to Respond to Complaint (“Motion”) 9 || (ECF No. 7). No opposition has been filed, and the time to do so has passed. See LR 7-2(d) (“The failure 10 || of an opposing party to file points and authorities in response to any motion...constitutes a consent to 11 granting of the motion.”). 12 13 ACCORDINGLY, 14 IT IS ORDERED that the Motion to Extend Time to Respond to Complaint (ECF No. 7) is 15 || GRANTED. Federal Defendant shall file a response to plaintiffs complaint by March 18, 2025. 16 , p, a - 17 DATED this 4 day of February 2025. Lin if fA 18 IT IS SO ORDERED. Jf ff \ of ff 19 “ Hon. Maxifnilian D. Couvillier □ 50 United States Mgpistrate Judge NOTICE 21 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and

33 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk

of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal

1 may determine that an appeal has been waived due to the failure to file objections within the specified 2 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). 3 This circuit has also held that (1) failure to file objections within the specified time and (2) 4 failure to properly address and brief the objectionable issues waives the right to appeal the District 5 Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 6 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 7 Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 8 change of address. The notification must include proof of service upon each opposing party’s attorney, 9 or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 10 result in dismissal of the action.

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