May v. Gittere

• Court: District Court, D. Nevada
• Decided: July 26, 2021
• Docket: 2:19-cv-00161
• Status: Unknown

Opinion

ces EE _... □□□□□□ □□ COUNSEL/PARTIES Of RECORD 1 || ANGELA H. DOWS, ESQ. Nevada Bar No. 010339 1 7/26/2021 2 || CORY READE DOWS & SHAFER 1333 North Buffalo Drive, Suite 210 3 || Las Vegas, Nevada 89128 CLERK US DISTRICT COURT Telephone: (702) 794-4411 DISTRICT OF NEVADA |! Facsimile: (702) 794-4421 esses □□ E-Mail: adows@crdslaw.com 5 || Pro Bono Counsel Referred via the Legal Aid Center of Southern Nevada 6 || for Plaintiff GREGORY MAY 7 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA

10 || GREGORY MAY, ) 11 ) Case No.: 2:19-cv-00161-RFB-VCF Plaintiff, ) 12 ) 13

14 || WILLIAM A. GITTERE, in his ) ‘ORDER TO individual and official capacities; ) FILE THIRD AMENDED 15 || THERESA WICKHAM, in her individual ) COMPLAINT THAT ADDS and official capacities; ) DONALD SOUTHWORTH, 16 || MARTIN NAUGHTON, M_LD., in his ) TASHEENA COOKE, AND DAWN 17 || individual and official capacities; ) JONES AS DEFENDANTS IN BRIAN WILLIAMS, in his individual ) THE CASE 18 || and official capacities; ) JENNIFER NASH, in her individual and ) 19 official capacities; ) 29 || FREDERICK HAMMEL, in his ) individual and official capacities; ) 21 || MONIQUE HUBBARD-PICKETT, in ) her individual and official capacities; ) THOMAS HINCKLE, in his individual ) 23 || capacity; ) C/OT A. RODRIGUEZ also known as ) 24 || AMANDA ARIAS, in her individual ) 95 capacity; ) TIMOTHY HULSEY, in his/her ) 26 || individual capacity; ) COREY ROWLEY, in his individual ) 27 || capacity; ) 28 CHRISTOPHER MILLER, in his )

1 STEFFEN MOSKOFF, in his individual ) 2 capacity; ) DAMIEN ROBINS, in his individual ) 3 capacity, ) ) 4 Defendants. ) 5 Plaintiff Gregory May, by and through his counsel, Angela H. Dows, Esq., 6 and Defendants William A. Gittere, Stephen Moskoff, Jennifer Nash, Martin 7 8 Naughton, Corey Rowley, Theresa Wickham, and Brian Williams, by and through 9 counsel, Aaron D. Ford, Nevada Attorney General, and Alexander J. Smith, Deputy 10 Attorney General, of the State of Nevada, Office of the Attorney General, hereby 11 submit their Stipulation and Order to add Donald Southworth, Tasheena Cooke, 12 and Dawn Jones as Defendants pursuant to Fed. R. Civ. P. 15 and 20. 13 14 Dated this 21st day of July, 2021. 15 Respectfully submitted, /s/ Angela H. Dows 16 ANGELA H. DOWS, ESQ. 17 1333 N. Buffalo Drive, Suite 210 Las Vegas, Nevada 89128 18 Pro Bono Counsel Referred via the Legal Aid Center of Southern Nevada 19 for Plaintiff GREGORY MAY

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28 1 2 Fed. R. Civ. P. 15(a) provides, in relevant part:

3 (a) Amendments Before Trial. 4 (1) A party may amend its pleading once as a matter of course within: 5 (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 6 days after service of a responsive pleading or 21 days after service of a 7 motion under Rule 12(b), (e), or (f), whichever is earlier. 8 (2) In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's 9 leave. The court should freely give leave when justice so requires.

10 Fed. R. Civ. P. 20(a)(2) provides: 11 (2) Persons—as well as a vessel, cargo, or other property 12 subject to admiralty process in rem—may be joined in one action as defendants if: 13 (A) any right to relief is asserted against them jointly, severally, or in 14 the alternative with respect to or arising out of the same transaction, 15 occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all defendants will arise in 16 the action. 17 II. STIPULATION 18 The parties submit that: (1) Donald Southworth, (2) Tasheena Cooke, and (3) 19 20 Dawn Jones be added as Defendants in the subject action. This is based upon the 21 following: 22 a. That, after a review of the discovery provided by Defendants through 23 April of 2021, the three named additional Defendant parties revealed 24 themselves to be included in the action. 25 26 b. Pursuant to Fed. R. Civ. P. 15(a)(2), the instant amendment to the 27 complaint is being sought through the opposing party’s written 28 1 2 c. Amendments adding parties may involve consideration of Fed. R. Civ. 3 P. 20, governing permissive joinder. E.g., Martinez v. Safeway Stores, 4 Inc., 66 F.R.D. 446 (N.D. Cal. 1975) (where the court stated that it is 5 implicit in Rule 15 that plaintiff may amend his complaint only to add 6 matters that otherwise would have been proper to include in the 7 8 original complaint). Consequently, this requires a determination by 9 the district court of whether any right to relief asserted by plaintiffs 10 against all defendants “in respect of or arising out of the same 11 transaction, occurrence, or series of transactions or occurrences and 12 any operation of law or fact common to all will arise in the action.” 13 14 Fed. R. Civ. P. 20(a). State Distributors, Inc. v. Glenmore Distilleries 15 Company, 738 F.2d 405, 416 (10th Cir. 1984). 16 d. That, pursuant to Fed. R. Civ. P. 20(a)(2)(A), the Defendants are 17 asserted to factually be included in the same transaction, occurrence, 18 or series of transactions or occurrences as the allegations in the 19 20 operative complaint in the subject case. 21 e. That, pursuant to Fed. R. Civ. P. 20(a)(2)(B), there is a question of law 22 or fact that is common to all Defendants in this action, including the 23 proposed additional Defendants. 24 f. Plaintiff Gregory May has been advised of the stipulation, and assents 25 26 to the same. 27 28 1 g. Thus, the parties agree that: 2 1. The operative complaint in this action shall be deemed amended to 3 include Defendants: (1) Donald Southworth, (2) Tasheena Cooke, 4 and (3) Dawn Jones. 5 2. Pursuant to LCR 15-1(a), the proposed Third Amended Complaint 6 7 adding said Defendants is attached hereto as Exhibit A. 8 3. The Plaintiff shall be allowed to have summonses issued for said 9 added Defendants in order to effectuate service of process of the 10 three (3) added Defendants. 11 4. No other changes to the other named Defendants, or causes of 12 B action thereto, are contemplated via the instant stipulation. 14 DATED: July 21, 2021 DATED: July 21, 2021 15 /s/ Angela H. Dows /s/ Alexander J. Smith 16 ANGELA H. DOWS, ESQ. ALEXANDER J. SMITH, ESQ. CORY READE DOWS & SHAFER Deputy Attorney General 17 1333 North Buffalo Drive, Suite 210 Office of the Nevada Attorney General Las Vegas, Nevada 89128 555 E. Washington Avenue, Suite 3900 18 || Attorney for Plainttt Las Vegas, Nevada 89101 19 Attorneys for Defendants 20 21 IT IS SO ORDERED. 22 DATED this 2% day of July, 2021. 23 24 25 26 UNITED STATES MAGISTRATE JUDGE 27 28