Opinion
2:21-cv-02170-JCM-NJK
01-31-2022
FRANK LAPENA, Plaintiff, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a government entity; CLARK COUNTY, a political subdivision of the State of Nevada and Government Entity; CHARLES LEE, an Individual and Police Officer and District Attorney Investigator; the Estate of CHARLES LEE; BEECHER AVANTS, an Individual and Police Officer and District Attorney Investigator; the Estate of BEECHER AVANTS; MICHELE WHITNEY, an Individual and Police Officer; O.R. “Ray” LYONS, an Individual and Police Officer; JERRY KELLER, an Individual and Sheriff, in his individual and official capacities; CLARK COUNTY DISTRICT ATTORNEY'S OFFICE, a Governmental unit and Individual; DAVID SCHWARTZ, an Individual and Prosecutor; MELVYN HARMON, an Individual and Prosecutor; the Estate of MELVYN HARMON; CLARK PETERSON, an Individual and Prosecutor; PAMELA WECKERLY, an Individual and Prosecutor; MARC DIGIACOMO, an Individual and Prosecutor; BOB MILLER, an Individual and District Attorney; STEWART BELL, an Individual and District Attorney; DAVID ROGER an Individual, Prosecutor and District Attorney; STEVE WOLFSON, an Individual and District Attorney; and JOHN and JANE DOES I thru X, individuals, Defendants.
Marquis Aurbach Craig R. Anderson, Esq. Attorneys for Defendants LVMPD, Michele Whitney and Jerry Keller THE LAW OFFICE OF KRISTINA WILDEVELD & ASSOCIATES Lisa Rasmussen, Esq. Attorneys for Plaintiff OLSON CANNON GORMLEY & STOBERSKI Thomas D. Dillard, Jr., Esq. Attorney for Clark County Defendants
Marquis Aurbach
Craig R. Anderson, Esq.
Attorneys for Defendants LVMPD, Michele Whitney and Jerry Keller
THE LAW OFFICE OF KRISTINA WILDEVELD & ASSOCIATES
Lisa Rasmussen, Esq.
Attorneys for Plaintiff
OLSON CANNON GORMLEY & STOBERSKI
Thomas D. Dillard, Jr., Esq.
Attorney for Clark County Defendants
STIPULATION AND ORDER TO WITHDRAW MOTIONS
(ECF NOS. 8 & 21)
The Parties, by and through their counsel of record, hereby stipulate and agree as follows:
PROCEDURAL HISTORY
1. On November 2, 2021, Plaintiff commenced this action against the Defendants in the Eighth Judicial District Court of the County of Clark, State of Nevada. (ECF No. 1.)
2. On December 9, 2021, Defendants Las Vegas Metropolitan Police Department (“LVMPD”), Michele Whitney and Jerry Keller (“LVMPD Defendants”), removed this case to the United States District Court, District of Nevada (ECF No. 1).
3. On December 14, 2021, Defendants Clark County, Clark County District Attorneys Office, Stewart Bell, David Roger, Steve Wolfson, Pamela Weckerly, Mark DiGiacomo, David Schwartz, and Clark Peterson (“Clark County Defendants”), filed a Notice of Consent for Removal to federal court. (ECF No. 5).
4. On December 16, 2021, the Clark County Defendants filed their Answer to Plaintiff's Complaint. (ECF No. 6).
5. On December 16, 2021, the Clark County Defendants filed a Motion for Partial Judgment on the Pleadings. (ECF No. 8)
6. On December 22, 2021, the LVMPD Defendants filed an Answer to Plaintiff's Complaint. (ECF No. 20)
7. On December 22, 2021, the LVMPD Defendants filed a Motion for Partial Dismissal. (ECF No. 21)
8. On January 3, 2022, Defendant Bob Miller joined the Clark County Defendants as a defendant and filed his Notice of Consent for Removal and Joinder to the Motion for Partial Judgment on the Pleadings. (ECF Nos. 22 and 23)
9. On January 5, 2022, Plaintiff filed his First Amended Complaint (“FAC”), with exhibits. (ECF No. 24)
STIPULATION AND ORDER
Based upon the above procedural history, the parties hereby STIPULATE TO THE FOLLOWING:
1. The Clark County Defendants' Motion for Partial Judgment (ECF No. 8) is MOOT.
2. The LVMPD Defendants Motion for Partial Dismissal (ECF No. 21) is MOOT.
3. The Parties hereby stipulate and agree that the Clark County Defendants and LVMPD Defendants shall have until February 1, 2022, to file responsive pleadings to Plaintiff's First Amended Complaint (ECF No. 24).
IT IS SO STIPULATED this 18th day of January, 2022.
MARQUIS AURBACH
Craig R. Anderson, Esq.
Attorney for LVMPD Defendants
THE LAW OFFICE OF KRISTINA WILDEVELD & ASSOCIATES
Lisa Rasmussen, Esq.
Attorneys for Plaintiff
OLSON CANNON GORMLEY & STOBERSKI
Thomas D. Dillard, Jr., Esq.
Attorney for Clark County Defendants
ORDER
IT IS SO ORDERED, that the Clark County Defendants' Motion for Partial Judgment (ECF No. 8) and the LVMPD Defendants' Motion for Partial Dismissal (ECF No. 21) are MOOT;
IT IS FURTHER ORDERED the Defendants' motions are withdrawn; and
IT IS FURTHER ORDERED the Defendants shall have until February 1, 2022, to file responsive pleadings to Plaintiffs First Amended Complaint (ECF No. 24).