Karyl Clarke v. Clark County School District, et al.

CourtDistrict Court, D. Nevada
DecidedJanuary 16, 2026
Docket2:24-cv-01046
StatusUnknown

This text of Karyl Clarke v. Clark County School District, et al. (Karyl Clarke v. Clark County School District, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Karyl Clarke v. Clark County School District, et al., (D. Nev. 2026).

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Karyl Clarke, Case No. 2:24-cv-01046-GMN-DJA 6 Plaintiff, 7 Order v. and 8 Report and Recommendation Clark County School District, et al., 9 Defendants. 10 11 Before the Court is pro se Plaintiff Karyl Clarke’s motion to amend his complaint a 12 second time. (ECF No. 32). Plaintiff seeks to add three Defendants—the Eighth Judicial District 13 Court Marshals Service,1 and its Marshals John Doe #1 and John Doe #22—and to correct certain 14 deficiencies in his complaint. Because Plaintiff has timely moved to amend his complaint before 15 the deadline3 and because Defendants have not responded to Plaintiff’s motion,4 constituting their 16 consent to the Court granting it, the Court will recommend granting Plaintiff’s motion to amend. 17 The Court further recommends dismissing the Eighth Judicial District Court Marshals Service as 18 19 1 Plaintiff refers to this Defendant as the “Eighth Judicial District Court Marshals.” For clarity, 20 and to distinguish this Defendant from the Eighth Judicial District Court Marshals John Doe #1 21 and John Doe #2, the Court refers to this Defendant as the “Eighth Judicial District Court Marshals Service.” 22 2 Plaintiff previously named John Doe #1 as a Defendant. In his amended complaint Plaintiff 23 adds John Doe #1 and John Doe #2 and changes the previously named “John Doe #1” to “John Doe #3.” Although the use of “Doe” to identify a defendant is not favored, flexibility is allowed 24 in some cases where the identity of the parties will not be known prior to filing a complaint but can subsequently be determined through discovery. Gillespie v. Civiletti, 629 F.2d 637, 642 (9th 25 Cir. 1980). 26 3 (ECF No. 29) (setting the deadline to amend pleadings and add parties for July 15, 2025). 27 4 Defendants initially moved for an extension to respond to Plaintiff’s motion, which motion to extend the Court granted, ultimately providing Defendants until October 10, 2025, to respond. 1 a Defendant and dismissing Plaintiff’s claim for excessive force as alleged against the Defendants 2 who have not yet appeared. 3 Plaintiff also moves to extend and stay discovery pending the outcome of his motion to 4 amend. (ECF No. 36). Defendants do not oppose that motion. (ECF No. 37). The Court grants 5 Plaintiff’s motion to extend. 6 I. Discussion. 7 A. Motion to extend discovery (ECF No. 36). 8 Turning first to Plaintiff’s motion to extend discovery, Plaintiff asks the Court to “toll” 9 any current discovery deadlines and instruct the parties to meet and confer within twenty-one 10 days of the Court’s decision on Plaintiff’s motion to amend. (ECF No. 36). Plaintiff filed his 11 motion on November 26, 2025, after nearly all of the scheduling order deadlines, except the joint 12 pretrial order deadline, had passed. Nonetheless, given Plaintiff’s arguments that he will need to 13 conduct additional discovery in the event his motion to amend is granted, and given Plaintiff’s 14 pro se status and Defendants’ non-opposition, the Court finds good cause and excusable neglect. 15 See Fed. R. Civ. P. 16(b); see LR 26-3. The Court will therefore grant Plaintiff’s motion. The 16 parties must meet and confer and submit a proposed extended discovery plan on or before 17 February 10, 2026. 18 B. Motion to amend (ECF No. 32). 19 Generally, a party may amend its pleading once “as a matter of course” within twenty-one 20 days of serving it, or within twenty-one days after service of a responsive pleading or motion 21 under Rule 12(b), (e), or (f). Fed. R. Civ. P. 15(a)(1). Otherwise, “a party may amend its 22 pleading only with the opposing party’s written consent or the court’s leave.” Fed. R. Civ. P. 23 15(a)(2). “The court should freely give leave when justice so requires.” Id. “The court considers 24 five factors [under Rule 15] in assessing the propriety of leave to amend—bad faith, undue delay, 25 prejudice to the opposing party, futility of amendment, and whether the plaintiff has previously 26 amended the complaint.” United States v. Corinthian Colls., 655 F.3d 984, 995 (9th Cir. 2011). 27 The nonmovant bears the burden of showing why amendment should not be granted. Senza-Gel 1 833 F.2d 183, 187 (9th Cir. 1987) (“party opposing amendment bears the burden of showing 2 prejudice”); United States for use & benefit of Source Helicopters, Div. of Rogers Helicopters, 3 Inc. v. Sayers Constr., LLC, No. 2:19-v-1602-JCM-EJY, 2020 WL 3643431, at *1 (D. Nev. July 4 6, 2020) (“The party opposing amendment holds the burden to demonstrate futility.”); Akinola v. 5 Severns, No. 3:14-CV-00222-HDM, 2015 WL 456535, at *2 (D. Nev. Feb. 2, 2015) (“party 6 opposing the amendment carries the burden of showing why leave to amend should not be 7 granted.”). 8 Here, considering the liberal standards for allowing leave to amend and the fact that 9 Defendants carry the burden of showing why amendment should not be granted, the Court grants 10 Plaintiff’s motion to amend. Despite seeking an extension, Defendants did not respond to 11 Plaintiff’s motion by the extended deadline that they proposed. Defendants’ failure to respond 12 constitutes their consent to the Court granting the motion. See LR 7-2(d). Additionally, the Court 13 does not find that Plaintiff has moved in bad faith, that Plaintiff has unduly delayed, that the 14 amendment would prejudice Defendants, that the amendment would be futile, or that Plaintiff has 15 tried and failed on multiple occasions to amend the complaint. So, the Court will recommend 16 granting Plaintiff’s motion. 17 C. Screening. 18 The Court will screen Plaintiff’s amended complaint as to the claims he brings against the 19 Eighth Judicial District Court Marshals Service, Marshal John Doe #1, Marshal John Doe #2, and 20 CCSD Police Officer John Doe #3 only. It does not screen the claims that Plaintiff brings against 21 Defendants CCSD, the CCSD Police Department, Principal Stacey, or Sergeant Evans because 22 they have already been served and are participating in the case. This is because 28 U.S.C. 23 § 1915(e)(2)5 does not obligate the Court to screen every proposed amended complaint, 24 especially “where service of process has been effectuated and Defendants are participating in the 25

26 5 28 U.S.C. § 1915(e)(2) is a codified portion of the Prison Litigation Reform Act that applies to 27 all in forma pauperis complaints, not just those filed by prisoners, and so applies to Plaintiff’s case even though he is not incarcerated. See Lopez v. Smith, 203 F.3d 1122, 1126 n.7 (9th Cir. 1 case.” Collins v. NDOC, No. 2:22-cv-01795-CDS-BNW, 2024 WL 2061010, at *1 (D. Nev. Jan. 2 26, 2024); see Joshua v. Oliver, No. 2:23-cv-01087-MMD-MDC, 2024 WL 4891858, at *2 (D. 3 Nev. Nov. 25, 2024) (compiling cases). 4 As it relates to the Eighth Judicial District Court Marshals Service, Marshal John Doe #1, 5 Marshal John Doe #2, and CCSD Police Officer John Doe #3, Plaintiff alleges that on December 6 9, 2022, he visited the courthouse and was surrounded, searched, detained, handcuffed, and 7 imprisoned in a jail cell by Marshals John Doe #1 and John Doe #2 without any legal basis. (ECF 8 No. 32 at 14).

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Karyl Clarke v. Clark County School District, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/karyl-clarke-v-clark-county-school-district-et-al-nvd-2026.