Opinion
Case No.: 2:12-cv-01441-LDG-PAL
02-04-2013
GORDON MARTINES, an individual, Plaintiff, v. 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. Defendants.
MARQUIS AURBACH COFFING Nick D. Crosby, Esq. Nevada Bar No. 8996 Attorney for LVMPD Defendants DAVID OTTO & AFFILIATES, PC David J. Otto, Esq. Nevada Bar No. 5449 Attorney for Plaintiff
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
STIPULATION AND ORDER REGARDING MOTION FOR LEAVE TO FILE SECOND
AMENDED COMPLAINT
Defendants, Las Vegas Metropolitan Police Department, Sheriff Douglas Gillespie, Sgt. James Melton, Lt. Clinton Nichols, Captain Patrick Neville, Deputy Chief James Owens, Lt. Ray Steiber, Director Walter Norris, Director Judy Bleak, Assistant Sheriff Theodore Moody, Undersheriff James Dixon, Director Michael Snyder, and Director Jeffrey Roch (collectively "LVMPD Defendants"), by and through their attorney of record, Nick D. Crosby, Esq., with the law firm of Marquis Aurbach Coffing; and Plaintiff, Gordon Martines, by and through his attorney of record, David Otto, Esq. with David Otto & Affiliates, and in an effort to simplify the current procedural landscape of the lawsuit and conserve judicial resources, hereby agree and stipulate as follows:
IT IS HEREBY STIPULATED that LVMPD Defendants' Motion for Partial Dismissal (#12) is hereby withdrawn.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).
IT IS FURTHER STIPULATED that the Plaintiff shall be allowed to file the Second Amended Complaint, which is attached to the Motion for Leave to Amend, and that the same will serve as the operative pleading upon service of the same upon the LVMPD Defendants.
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.
IT IS FURTHER STIPULATED that Counsel for LVMPD hereby waives formal service on each individual LVMPD Defendant and hereby accepts service of the Second Amended Complaint on behalf of the LVMPD Defendants, except for Dr. Bowman.
MARQUIS AURBACH COFFING
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Nick D. Crosby, Esq.
Nevada Bar No. 8996
Attorney for LVMPD Defendants
DAVID OTTO & AFFILIATES, PC
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David J. Otto, Esq.
Nevada Bar No. 5449
Attorney for Plaintiff
ORDER
IT IS HEREBY ORDERED that LVMPD Defendants' Motion for Partial Dismissal (#12) is hereby withdrawn.
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 4 day of February, 2013.
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UNITED STATES DISTRICT COURT JUDGE