Wilson v. Holder et al

Filing 26

ORDER Granting 9 Motion to Dismiss Individual-Capacity Claims. Plaintiffs claims against Defendants Holder, Jones, and Herbert in their individual capacities are DISMISSED WITHOUT PREJUDICE. Signed by Judge Gloria M. Navarro on 6/21/2012. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 CHARLES C. RAINEY Rainey Devine, Attorneys at Law 2245 West Horizon Ridge Parkway, Suite 110 Henderson, Nevada 89052 chaz@raineydevine.com Attorney for Plaintiff ALICIA N. ELLINGTON JOHN K. THEIS Trial Attorneys, Federal Programs Branch United States Department of Justice, Civil Division 20 Massachusetts Avenue, N.W., Room 6701 Washington, D.C. 20530 Telephone: (202) 305-7632 Facsimile: (202) 616-8460 John.K.Theis@usdoj.gov Alicia.N.Ellington@usdoj.gov Attorneys for Defendants United States; Bureau of Alcohol, Tobacco, Firearms, and Explosives; and Eric Holder, B. Todd Jones, and Arthur Herbert in their official capacities ZACHARY RICHTER Trial Attorney, Constitutional Torts Staff United States Department of Justice, Civil Division P.O. Box 7146, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 616-4199 Facsimile: (202) 616-4314 Zachary.Richter@usdoj.gov Attorney for Defendants Eric Holder, B. Todd Jones, and Arthur Herbert in their individual capacities 18 19 20 UNITED STATES DISTRICT COURT 21 DISTRICT OF NEVADA 22 S. ROWAN WILSON, 23 24 25 26 27 28 Plaintiff, v. ERIC HOLDER, et al., Defendants. ) ) ) ) ) Case No.: 2:11-CV-1679-GMN-PAL ) ) ) ) ) STIPULATION OF DISMISSAL OF INDIVIDUAL DEFENDANTS 1 1 2 3 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties stipulate as follows: 1. Plaintiff has asserted claims against Attorney General Eric Holder, ATF Acting 4 Director B. Todd Jones, and ATF Assistant Director Arthur Herbert in both their individual and 5 official capacities. 6 2. Having reviewed the individual defendants’ response to her Complaint, see ECF 7 No. 9, Plaintiff has decided not to pursue claims against Defendants Holder, Jones, and Herbert 8 in their individual capacities. 9 10 11 12 13 3. Plaintiff will continue to pursue her remaining claims, including her claims against Defendants Holder, Jones, and Herbert in their official capacities. 4. Counsel for the parties have conferred, and no party objects to dismissal of Plaintiff’s claims against Defendants Holder, Jones, and Herbert in their individual capacities. Accordingly, the parties hereby give notice that that Plaintiff’s claims against Defendants 14 Holder, Jones, and Herbert in their individual capacities are DISMISSED WITHOUT 15 PREJUDICE. 16 Dated: February 7, 2012 17 18 19 Attorney for Plaintiff 20 21 22 23 24 25 26 27 28 /s/ Charles C. Rainey CHARLES C. RAINEY Rainey Devine, Attorneys at Law 2245 West Horizon Ridge Parkway, Suite 110 Henderson, Nevada 89052 chaz@raineydevine.com Dated: February 7, 2012 /s/ Alicia N. Ellington ALICIA N. ELLINGTON JOHN K. THEIS Trial Attorneys, Federal Programs Branch United States Department of Justice, Civil Division 20 Massachusetts Avenue, N.W., Room 6701 Washington, D.C. 20530 Telephone: (202) 305-7632 Facsimile: (202) 616-8460 John.K.Theis@usdoj.gov Alicia.N.Ellington@usdoj.gov Attorneys for Defendants United States; Bureau of Alcohol, Tobacco, Firearms, and Explosives; and Eric Holder,B. Todd Jones, and Arthur Herbert in their official capacities 2 1 2 3 4 5 6 7 Dated: February 7, 2012 /s/ Zachary Richter ZACHARY RICHTER Trial Attorney, Constitutional Torts Staff United States Department of Justice, Civil Division P.O. Box 7146, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 616-4199 Facsimile: (202) 616-4314 Zachary.Richter@usdoj.gov Attorney for Defendants Eric Holder, B. Todd Jones, and Arthur Herbert in their individual capacities 8 9 10 IT IS SO ORDERED this 21st day of June, 2012. 11 12 ________________________________ Gloria M. Navarro United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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