Lowery v. El Cortez Hotel & Casino
| Brandon Dale Lowery |
| Fusion Center/Homeland Security, El Cortez Casino and El Cortez Hotel & Casino |
| 2:2023cv01416 |
| September 11, 2023 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| Brenda Weksler |
| Assault Libel & Slander |
| 05 U.S.C. § 552 Right to Privacy Act |
| Both |
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| Filing 29 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 11/8/2023. ORDER denying #27 Motion for Reconsideration filed by Brandon Dale Lowery.Before the Court is Plaintiffs motion seeking that this Court reconsider the denial of the previous Order (ECF No. 24) denying the request that the Magistrate Judge recuse herself from this action. ECF No. 27. Plaintiff continues to press the argument that Defendant El Cortez owners son, who is an attorney, served on a committee in a professional organization with which the Court is associated. However, Plaintiffs assertion that the judge has a close personal or professional relationship with that attorney is mere speculation. Further, Defendant cites Caperton v. A.T. Massey Coal Co., 532 U.S. 589 (2009), which holds that a judge must recuse herself when she has a financial interest in the outcome of the case. The Court has no financial interest in the outcome of this case. If Plaintiff disagrees with the Court, his recourse is to file objections to the courts order with the district judge. If Plaintiff files an additional motion to recuse, or a motion to reconsider, the Court will summarily deny it as duplicative and moot. Plaintiffs Motion at ECF No. 27 is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 11/6/2023. ORDER denying #26 Motion to Approve Subpoena Duces Tecum. Plaintiff's motion asserts that on October 30, 2023 he submitted proof service, and "meet and confers motion[.]"However, these documents appear not to be on the docket. Further, Plaintiff says that he requested the Court to approve "First Request for Production of Documents" but that document is not on the docket. First, the Federal Rules of Civil Procedure (especially Rule 16 and 26) and the Local Rules of the District of Nevada contain very specific timing regulations when it comes to discovery. Assuming that Defendant has been served with the summons and complaint, the first discovery obligations of the parties may not be due for as much as ninety (90) days. Further, parties are not to file requests for production or interrogatories or responses to on the docket. After complying with timing rules and rules on meeting-and-conferring, parties may move the Court pursuant to Rule 26 or 37 to compel discovery responses, but only after all other rules have been complied with. Accordingly, the Court denies the motion for subpoena duces tecum as premature. Further, the Court notes that the Subpoena is not attached to the motion as stated by Plaintiff. (Copies have been distributed pursuant to the NEF - BXS) Modified on 11/7/2023 (BXS). |
| Filing 27 Amended Response to 24 Order on Motion for Recusal Minute Order Terminate Motion. by Plaintiff Brandon Dale Lowery. Responses due by 11/17/2023. (CT) (MJorder) |
| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/31/2023. ORDER denying #23 Motion for Recusal ; Re: #23 Motion for Recusal of Judge filed by Brandon Dale Lowery. Defendant has provided no new information from which it could be concluded that the Court's impartiality might be reasonably questioned. See 28 U.S.C. 455(a). This judge's membership in a professional organization has only a tenuous, at best, connection to any party in this action. Generally, membership in professional organizations is not enough to create a conflict or question impartiality. See Saitta v. Arizona, 2022 WL 951085 (D. Ariz. March 30, 2022)(on board of alumni organization); Grundstein v. Ferguson, 2014 WL 12684608 (D. Wash. October 8, 2014) (state bar); Shao v. Roberts, 2022 WL 686692 (E.D. Cal. March 7, 2022) (American Inns of Court). Accordingly, the motion is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 26 MOTION to Approve Subpoena Duces Tecum by Plaintiff Brandon Dale Lowery. Responses due by 11/13/2023. (CT) (misc) (nondispositive) |
Filing 25
ORDER.IT IS ORDERED that the magistrate judge's report and recommendation [ECF No. #13 ] is ADOPTED in its entirety, and Lowery's request for an order to show cause why the El Cortez Hotel and Casino should not be required to cease and desist from spying on him at the UNLV law library [ECF No. #11 ] is DENIED. Signed by Judge Jennifer A. Dorsey on 10/30/2023. (Copies have been distributed pursuant to the NEF - KF)
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| Filing 23 MOTION for Recusal of Judge by Plaintiff Brandon Dale Lowery. (referral) Responses due by 11/8/2023. (CT) |
| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/24/2023. ORDER denying #19 Motion for Recusal of Judge filed by Brandon Dale Lowery.28 U.S.C. 455(a) states [a]ny justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might be reasonably questioned[.] Plaintiff asserts that the present judge's impartiality must be questioned based upon her relationship with a law firm, Lewis & Roca, and an individual, the son of Kenny Epstein who Plaintiff alleges is employed by Lewis & Roca. Plaintiff also alleges that Kenny Epstein is a defendant in this action. However, Lewis & Roca is not a defendant in this action and is not representing any parties in this action. Further, Kenny Epstein is not a defendant in this action. The only defendant is El Cortez Hotel & Casino, who has not even been served with the summons and complaint. Accordingly, there being no factual basis for Plaintiff's motion, it is DENIED.(no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 21 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/24/2023. ORDER denying #17 Motion for Protective Order filed by Brandon Dale Lowery. Plaintiff seeks a protective order preventing the Ninth Circuit Court of Appeals law librarians from watching his movements inside and outside the building, preventing them from communicating with defendants in this action, and preventing them from sharing his personal information with defendants. However, Defendant has failed to meet his burden in demonstrating that any of the alleged activities are actually happening. He has presented no evidence that supports his claims. Accordingly, the motion is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 20 LETTER from Brandon Dale Lowery. (CT) |
| Filing 19 MOTION for Recusal of Judge by Plaintiff Brandon Dale Lowery. (referral) Responses due by 11/3/2023. (CT) |
| Filing 17 MOTION for Protective Order by Plaintiff Brandon Dale Lowery. Responses due by 11/2/2023. (CT) |
| Filing 16 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/19/2023. ORDER denying #14 Motion for Protective Order filed by Brandon Dale Lowery. Plaintiff, pursuant to Federal Rule of Civil Procedure 26(c), moves the Court for an order prohibiting the Law Library from disclosing information regarding his use of the library. However, he has failed to include a meet-and-confer certification. Further Rule 26(c) does not cover this attempt to control the actions of a third party, the law library, who is not party to this action. Accordingly, the motion is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 15 Petition for Writ of Certiorari by Brandon Dale Lowery. (CT) |
| Filing 14 MOTION for Confidentiality Order by Plaintiff Brandon Dale Lowery. Responses due by 10/30/2023. (CT) (misc) (nondispositive) |
| Filing 13 REPORT AND RECOMMENDATION. IT IS RECOMMENDED that #11 Plaintiff's motion be DENIED. Objections to R&R due by 10/25/2023. Signed by Magistrate Judge Brenda Weksler on 10/11/2023. (Copies have been distributed pursuant to the NEF - JQC) |
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Filing 12
ORDER. IT IS ORDERED that Plaintiff's #6 First Amended Complaint may proceed. IT IS FURTHER ORDERED that Plaintiff shall have until 11/10/2023, to fill out and file the required USM-285 forms. Signed by Magistrate Judge Brenda Weksler on 10/11/2023. (Copies have been distributed pursuant to the NEF -cc: USM285 Forms sent to P - JQC) (Additional attachment(s) added on 10/13/2023: #1 USM 285 Form) (JQC).
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| Filing 11 MOTION for Order to Show Cause by Plaintiff Brandon Dale Lowery. Responses due by 10/18/2023. (JQC) (referral) |
| Filing 10 AMENDED PETITION for Writ of Mandamus by Brandon Dale Lowery. (JQC) |
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Filing 9
ORDER denying ECF No. #8 Motion for Recusal. Signed by Judge Jennifer A. Dorsey on 10/3/2023.(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 8 MOTION to Recuse by Plaintiff Brandon Dale Lowery. Responses due by 10/9/2023. (JQC) (misc) (presiding) |
| Filing 7 PROPOSED SUBPOENAS to be issued by Plaintiff Brandon Dale Lowery. (JQC) |
| Filing 6 AMENDED COMPLAINT with Jury Demand against El Cortez Hotel & Casino by Brandon Dale Lowery. Adds and removes parties. (JQC) |
| Filing 5 COMPLAINT against El Cortez Casino, Fusion Center/Homeland Security by Brandon Dale Lowery. (Filed and dismissed pursuant to ECF No. #4 Order.) (JQC) Modified on 9/19/2023 (CJS). |
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Filing 4
ORDER Granting #1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that Plaintiff's complaint is dismissed without prejudice. IT IS FURTHER ORDERED that if Plaintiff wishes to file an amended complaint, he must do so by 10/9/2023. Signed by Magistrate Judge Brenda Weksler on 9/18/2023. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 3 ADVISORY LETTER to litigant. (JQC) |
| Filing 2 Consent for Electronic Service of Documents by Plaintiff Brandon Dale Lowery. (JQC) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Brandon Dale Lowery. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(JQC) |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. (RGDG) |
| DISREGARD ERRONEOUS Filing-Refer to correct judge assignment entry - Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. (RGDG) Modified on 9/12/2023 (CJS). |
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