Martines v. Las Vegas Metropolitan Police Department

Filing 24

ORDER Withdrawing 12 Motion to Dismiss Defendants' Motion for Partial Dismissal. IT IS FURTHER ORDERED 17 Motion to Amend/Correct Complaint is hereby WITHDRAWN. IT IS FURTHER ORDERED that the Plaintiff shall be permitted to file the Second Amended Complaint. Signed by Judge Lloyd D. George on 2/6/2013. (Copies have been distributed pursuant to the NEF - DXS)

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1 2 3 4 5 Marquis Aurbach Coffing Nick D. Crosby, Esq. Nevada Bar No. 8996 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 ncrosby@maclaw.com Attorneys for LVMPD Defendants 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 GORDON MARTINES, an individual, 9 Case No.: 10 2:12-cv-01441-LDG-PAL Plaintiff, vs. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 13 14 15 16 17 18 19 20 21 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a public entity; and SHERIFF DOUGLAS GILLESPIE, an individual; and SGT. JAMES MELTON, an individual; and LT. CLINTON NICHOLS, an individual; and CAPTAIN PATRICK NEVILLE, an individual; and DEPUTY CHIEF JAMES OWENS, an individual; and LT. RAY STEIBER, DIRECTOR WALTER NORRIS, an individual; and DIRECTOR JUDY BLEAK, an individual; and ASSISTANT SHERIFF THEODORE MOODY, an individual; and UNDERSHERIFF JAMES DIXON, an individual; and DR. KEITH BOWMAN, an individual; and DIRECTOR MICHAEL SNYDER, an individual; and DIRECTOR JEFFREY ROCH, an individual; and DOES 1-100 inclusive. 22 Defendants. 23 24 STIPULATION AND ORDER REGARDING MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT 25 Defendants, Las Vegas Metropolitan Police Department, Sheriff Douglas Gillespie, Sgt. 26 James Melton, Lt. Clinton Nichols, Captain Patrick Neville, Deputy Chief James Owens, Lt. Ray 27 Steiber, Director Walter Norris, Director Judy Bleak, Assistant Sheriff Theodore Moody, 28 Undersheriff James Dixon, Director Michael Snyder, and Director Jeffrey Roch (collectively Page 1 of 3 MAC:05166-527 1897395_1 2/4/2013 2:25 PM 1 “LVMPD Defendants”), by and through their attorney of record, Nick D. Crosby, Esq., with the 2 law firm of Marquis Aurbach Coffing; and Plaintiff, Gordon Martines, by and through his 3 attorney of record, David Otto, Esq. with David Otto & Affiliates, and in an effort to simplify the 4 current procedural landscape of the lawsuit and conserve judicial resources, hereby agree and 5 stipulate as follows: 6 7 8 9 IT IS HEREBY STIPULATED that LVMPD Defendants’ Motion for Partial Dismissal (#12) is hereby withdrawn. IT IS FURTHER STIPULATED that Plaintiff shall withdraw his Motion for Leave to File the Second Amended Complaint (#17). Amended Complaint, which is attached to the Motion for Leave to Amend, and that the same 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 IT IS FURTHER STIPULATED that the Plaintiff shall be allowed to file the Second 11 MARQUIS AURBACH COFFING 10 will serve as the operative pleading upon service of the same upon the LVMPD Defendants. 13 14 IT IS FURTHER STIPULATED that the LVMPD Defendants do not waive any right to file a dispositive motion in response to the Second Amended Complaint. 15 IT IS FURTHER STIPULATED that Counsel for LVMPD hereby waives formal service 16 on each individual LVMPD Defendant and hereby accepts service of the Second Amended 17 Complaint on behalf of the LVMPD Defendants, except for Dr. Bowman. 18 19 Dated this 4th day of February, 2013. MARQUIS AURBACH COFFING DAVID OTTO & AFFILIATES, PC /s/ Nick D. Crosby, Esq. Nick D. Crosby, Esq. Nevada Bar No. 8996 10001 Park Run Drive Las Vegas, Nevada 89145 Attorney for LVMPD Defendants /s/ David J. Otto, Esq. David J. Otto, Esq. Nevada Bar No. 5449 2300 West Sahara Ave., Suite 800 Las Vegas, Nevada 89102 Attorney for Plaintiff 20 21 22 23 24 25 26 27 28 ORDER IT IS HEREBY ORDERED that LVMPD Defendants’ Motion for Partial Dismissal (#12) is hereby withdrawn. Page 2 of 3 MAC:05166-527 1897395_1 2/4/2013 2:25 PM 1 2 3 4 5 IT IS FURTHER ORDERED that the Plaintiff’s Motion for Leave to Amend (#17) is hereby withdrawn. IT IS FURTHER ORDERED that the Plaintiff shall be permitted to file the Second Amended Complaint, originally attached to the Motion for Leave to Amend. IT IS SO ORDERED this ___ day of February, 2013. 6 7 UNITED STATES DISTRICT COURT JUDGE 8 9 10 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 3 MAC:05166-527 1897395_1 2/4/2013 2:25 PM

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