Crain v. Mercedes Benz of USA et al
| Marc T. Crain |
| Mercedes Benz of USA, Crain Automotive Team, First Security Bank, IKOR Health Consultant LV and Progressive Insurance |
| 2:2022cv00806 |
| May 20, 2022 |
| US District Court for the District of Nevada |
| Cristina D Silva |
| Brenda Weksler |
| Fraud |
| None |
Docket Report
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This docket was last retrieved on November 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 RESPONSE to #25 Order on Motion to Dismiss, by Plaintiff Marc T. Crain. (JQC) |
| Filing 26 JUDGMENT in favor of Mercedes Benz of USA against Marc T. Crain. Signed by Clerk of Court Debra K. Kempi on 11/28/2022. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 25
ORDER Granting #22 Motion to Dismiss. Signed by Judge Cristina D. Silva on 11/28/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 24
ORDER Granting #11 Motion to Dismiss. IT IS FURTHER ORDERED that #21 plaintiff's motion to invoke Rule 6D is DENIED as moot. IT IS ORDERED that all claims against defendants Crain Automotive, Progressive Insurance, and IKOR Health Consultant LV are dismissed with prejudice for failure to serve in the time required by Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Cristina D. Silva on 11/10/2022. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 23 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 11/8/2022. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #22 Motion to Dismiss,. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 22 MOTION to Dismiss #5 Complaint by Defendant Mercedes Benz of USA. Responses due by 11/21/2022. Discovery Plan/Scheduling Order due by 12/22/2022. (Aicklen, Josh) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 21 MOTION to Envoke Rule 6D by Plaintiff Marc T. Crain. Responses due by 11/14/2022. (JQC) (misc) (referral) |
| Filing 20 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 10/26/2022. Plaintiff Crain attempted to submit evidence of service on the defendants by stating that "all five defendants have been served [by] U.S. mail twice" and attaching tracking information and receipts in support. ECF No. #19 . But service by mail is not permitted under Nevada or federal law. Vaughn v. Nash, 2018 WL 6055552, at *3 (D. Nev. Oct. 29, 2018); Campbell v. Gasper, 102 F.R.D. 159, 161 (D. Nev. May 18, 1984) (citation omitted) ("Service by mail, even if actually effected, does not constitute personal service."). See also Fed. R. Civ. P. 4(e); Nev. R. Civ. P. 4.2. Because Crain is proceeding pro se, I must liberally construe his pleadings, but "[p]ro se litigants must follow the same rules of procedure that govern other litigants." King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987) (citation omitted), overruled on other grounds by, Lacey v. Maricopa Cnty., 693 F.3d 896 (9th Cir. 2012). IT IS THEREFORE ORDERED that Crain must present evidence that he has properly served the defendants (not by mail), in compliance with Federal Rule of Civil Procedure 4 and Nevada Rule of Civil Procedure 4.2, no later than Friday, November 4, 2022. Failure to do so by the deadline will result in the dismissal of this action without prejudice and without further notice. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 19 CERTIFICATE OF SERVICE filed by Plaintiff Marc T. Crain. (JQC) |
| Filing 18 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 10/19/2022. Under Local Rule 26-1, plaintiff Crain and defendant First Security Bank-the only defendant yet to appear in this case-are required to hold a Rule 26(f) conference no later than October 28, 2022. But that date falls before the October 31, 2022, deadline by which Crain must respond to the court's order to show cause by presenting proof of service on the defendants. ECF Nos. #10 , 17 . IT IS THEREFORE ORDERED that the requirement to hold a Rule 26(f) conference is STAYED pending Crain's response to the show-cause order. If Crain timely responds, I will further direct the parties about the timing of their Rule 26(f) conference. If he does not, then as he has been advised previously, this case could be dismissed without prejudice and without further notice, thus eliminating the need for a Rule 26(f) conference altogether.Similarly, IT IS FURTHER ORDERED that First Security Banks deadline to reply to Crain's response to the motion to dismiss (ECF No. #16 ) is STAYED pending Crain's response to the show-cause order. Again, I will further direct First Security Bank on the reply deadline at a later date. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 17 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 10/14/2022. Plaintiff Crain is advised that the court is reviewing his recently filed response to the order to show cause (ECF No. #16 ). He is reminded that the court's order to present evidence of service on the defendants still stands (ECF No. #10 ). Crain is granted a slight extension until Monday, October 31, 2022, to show proof of service. Failure to present proof of service by the deadline could result in the dismissal of Crain's case without prejudice and without further notice.Further, in his response, Crain indicates that he would like time to hire counsel to assist with his case. He may have until that same date-October 31, 2022-to do so. (no image attached)(Copies have been distributed pursuant to the NEF (mailed to plaintiff) - JLB) |
| Filing 16 RESPONSE to #10 Order, filed by Plaintiff Marc T. Crain. (JQC) |
| Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/3/2022. IT IS ORDERED that ECF No. #13 Defendant First Security Bank's Motion to Stay Discovery is DENIED without prejudice for failure to comply with the Local Rules' meet-and-confer requirements. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 9/29/2022. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #11 Motion to Dismiss,. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 13 MOTION to Stay Discovery by Defendant First Security Bank. Responses due by 10/13/2022. (Fortin, John) |
| Attorney update in case: Attorney Matthew C. Addison added for Defendant First Security Bank as listed on the #11 Motion to Dismiss. (SLD) |
| Filing 12 CERTIFICATE of Interested Parties by First Security Bank. There are no known interested parties other than those participating in the case. (Fortin, John) |
| Filing 11 MOTION to Dismiss by Defendant First Security Bank. Responses due by 10/12/2022. Discovery Plan/Scheduling Order due by 11/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fortin, John) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 10
ORDER Denying #8 Motion to Change Venue. IT IS FURTHER ORDERED that Crain must effect proper service on the defendants and submit evidence thereof no later than 10/27/2022, or file a Response to Order to Show Cause showing cause why this action should not be dismissed without prejudice under FRCP 4(m) for failure to prosecute. If Crain does not timely and fully respond to this order, this action will be dismissed without prejudice and without further notice. Signed by Judge Cristina D. Silva on 9/27/2022. (Copies have been distributed pursuant to the NEF - TRW)
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| Filing 9 CERTIFICATE OF SERVICE for #8 Motion to Change Venue/Transfer by Plaintiff Marc T. Crain.. (JQC) |
| Filing 8 MOTION to Change Venue or Transfer by Marc T. Crain. Responses due by 9/14/2022. (JQC) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 6/22/2022. IT IS ORDERED that Plaintiff's motion to submit additional evidence (ECF No. #3 ) is DENIED. If Plaintiff wishes to add allegations or evidence to his complaint, he may file an amended complaint consistent with the Local Rules and Federal Rules of Civil Procedure (containing the additional allegations and/or evidence). However, this amended complaint must be complete in and of itself. Put another way, all of the allegations and evidence a plaintiff wishes to rely on to make up his complaint must be contained in one document. IT IS FURTHER ORDERED that Plaintiff's application to proceed in forma pauperis (ECF No. #1 ) is DENIED as moot, as Plaintiff paid the filing fee. See ECF No. 4. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 6 SUMMONS ISSUED as to All Defendants re #5 Complaint. (HAM) |
| Filing 5 COMPLAINT against All Defendants (Filing fee $402) by Marc T. Crain. Proof of service due by 9/20/2022. (Attachments: #1 Exhibit, #2 Exhibit) (HAM) |
| Filing 4 RECEIPT of Payment: $ 402, receipt number NVLAS081597 (HAM) |
| Filing 3 MOTION to Submit Additional Evidence by Plaintiff Marc T. Crain. Responses due by 7/1/2022. (HAM) |
| Filing 2 ADVISORY LETTER to litigant. (JQC) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Marc T. Crain. (Attachments: #1 Complaint, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet, #5 Summons, #6 Notice, #7 No Consent Notice) (JQC) |
| Case randomly assigned to District Judge Cristina D. Silva and Magistrate Judge Brenda Weksler. (HAM) |
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