Opinion
2:21-cv-00290-CDS-BNW
08-29-2022
CHRISTIAN STEPHON MILES, individually, Plaintiff, v. CLARK COUNTY, ET AL. Defendants. v.
KAEMPFER CROWELL LYSSA S. ANDERSON (Nevada Bar No. 5781) KRISTOPHER J. KALKOWSKI (Nevada Bar No. 14892) Attorneys for Defendants Las Vegas Metropolitan Police Department, Sheriff Joseph Lombardo, David Poupard, Angel Valladares, Kenji Okada, Maribel Suey, Daniel Varner, Daven Lorenzo-Ragasa, Larry Taylor, Julio Martinez and Cesar Esparza
KAEMPFER CROWELL LYSSA S. ANDERSON (Nevada Bar No. 5781) KRISTOPHER J. KALKOWSKI (Nevada Bar No. 14892) Attorneys for Defendants Las Vegas Metropolitan Police Department, Sheriff Joseph Lombardo, David Poupard, Angel Valladares, Kenji Okada, Maribel Suey, Daniel Varner, Daven Lorenzo-Ragasa, Larry Taylor, Julio Martinez and Cesar Esparza
LVMPD DEFENDANTS' RENEWED MOTION TO AMEND WAIVER OF SERVICE [ECF No. 15]
BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE
Defendants Las Vegas Metropolitan Police Department, Sheriff Joseph Lombardo, David Poupard, Angel Valladares, Kenji Okada, Maribel Suey, Daniel Varner, Daven Lorenzo-Ragasa, Larry Taylor, Julio Martinez and Cesar Esparza (collectively, “LVMPD Defendants”), through their counsel, Kaempfer Crowell, move to amend the Waiver of Service, (ECF No. 15), so that it removes “September Mashore” from the list of defendants who have waived service.
On June 7, 2022, counsel for LVMPD Defendants submitted a Waiver of Service for several defendants named in this lawsuit. One of the officials included in the Waiver is “September Mashore” (P#9434), a corrections official currently employed at the Clark County Detention Center. But, after further investigation, it was believed that the lawsuit concerned Gregory Mashore-a now-retired official previously employed at the Clark County Detention Center. This confusion arose from the Amended Complaint, (ECF No. 9), using the single name of “Mashore” as a listed defendant and in supporting allegations.
LVMPD Defendants filed their original Motion to Amend Waiver of Service on July 7, 2022, at ECF No. 19. This Court issued an Order in response, ECF No. 20, asking that the Parties we confer as to the identity of the correct Mashore. To comply with the Court's Order, LVMPD Defendants sent Plaintiff the letter attached as Exhibit A (Defendants' Letter to Plaintiff dated July 19, 2022). In the letter, Plaintiff was asked to identify any information he might have to aid in determining who he intended to name as the Defendant Mashore. Plaintiff's response is attached as Exhibit B (Plaintiff's Letter to Counsel dated August 12, 2022). In his letter, he identifies the correct Mashore Defendant as having P#7628.
As set out above, the party for whom LVMPD waived service, September Mashore, has P#9434. She is not the Defendant that Plaintiff intended to sue. In contrast, the now retired Gregory Mashore had P#7628. He is the correct Defendant. As such, the LVMPD Defendants respectfully request that the Waiver of Service be amended to remove September Mashore.
Further, in light of Gregory Mashore's retired status, LVMPD Defendants' counsel does not have the authority to waive service for this individual. Accordingly, the necessary procedure is for Plaintiff to complete a Summons for this specific official and file it with the Court. After Plaintiff files the completed Summons, LVMPD Defendants' counsel can then file under seal the last known address for Gregory Mashore so that the U.S. Marshals Service can complete service of process for Plaintiff.
EXHIBIT LIST
Exhibit A: Defendants' Letter to Plaintiff dated July 19, 2022
Exhibit B: Plaintiff's Letter to Counsel dated August 12, 2022
ORDER
IT IS ORDERED that ECF No. 24 is GRANTED in part and DENIED in part. It is granted in all respects except that Defendants shall file the last known address of Defendant Gregory Mashore under seal by September 2, 2022.
IT IS FURTHER ORDERED that the Clerk of Court shall send Plaintiff a USM-285 form for Gregory Mashore.
IT IS FURTHER ORDERED that Plaintiff shall fill out the USM-285 form but leave Mr. Mashore's address blank. Plaintiff shall then file the USM-285 form on the docket by September 9, 2022. If Plaintiff does this, the Court will issue a subsequent order to have the U.S. Marshals effect service. If Plaintiff does not file the USM-285 form for Gregory Mashore, the Court may recommend that that this defendant be dismissed.
IT IS SO ORDERED