Sauceda et al v. City Of North Las Vegas et al

Filing 152

ORDER that 151 Stipulation is GRANTED in part and DENIED in part. FURTHER ORDERED that the Court's prior order, (ECF No. 150 ), setting a briefing schedule and oral argument hearing is hereby VACATED. FURTHER ORDERED that, because the Ninth Circuit's final ruling in Mendez will impact the disposition of the instant case, the Court hereby STAYS this case pending the Ninth Circuit's decision.FURTHER ORDERED that the parties shall submit joint status reports eve ry sixty (60) days until the Ninth Circuit issues a dispositive decision in Mendez. The first joint status report is due sixty (60) days from the issuance of this Order. Signed by Chief Judge Gloria M. Navarro on 8/15/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:11-cv-02116-GMN-NJK Document 151 Filed 08/14/18 Page 1 of 3

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Eckley M. Keach, Esq.
Nevada Bar No. 1154
ECKLEY M. KEACH, CHTD.
521 South Third Street
Las Vegas, NV 89101
[phone]
Robert E. Murdock, Esq.
Nevada Bar No. 4013
MURDOCK & ASSOCIATES, CHTD.
521 South Third Street
Las Vegas, NV 89101
[phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ESTATE OF FERNANDO SAUCEDA, by and
through its Special Administrator, Irene
Sauceda; IRENE SAUCEDA, individually, and
as natural parent and guardian of FERNANDO
SAUCEDA, a
minor;
SEBASTIAN
SAUCEDA, a minor; and GIOVANNA
SAUCEDA, a minor,

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Case No.: 2:11-cv-02116-GMN-NJK

STIPULATION AND ORDER TO EXTEND
TIME TO FILE SUPPLEMENTAL BRIEFS
AND ARGUMENT ORDERED BY ECF NO.
150

Plaintiffs,

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vs.

/First Request/

CITY OF NORTH LAS VEGAS, a corporate
city of the State of Nevada; NORTH LAS
VEGAS POLICE DEPARTMENT, an entity of
the CITY OF NORTH LAS VEGAS;
OFFICER JEFFREY POLLARD; DOE
POLICE OFFICERS I through XX, inclusive,
individually and in their official capacity;
DOES XXI through XXX, inclusive; ROES
XXXI through XL, inclusive,
Defendants,

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Case 2:11-cv-02116-GMN-NJK Document 151 Filed 08/14/18 Page 2 of 3

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COME NOW Plaintiffs Estate of Fernando G. Sauceda, by and through its Special

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Administrator, Irene Sauceda, Irene Sauceda, individually, and as natural parent and guardian of

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Fernando Sauceda, a minor, Sebastian Sauceda, a minor, and Giovanna Sauceda, a minor, by and

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through their attorneys of record, Murdock & Associates, Chtd. and Eckley M. Keach, Chtd., and

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Defendants City of North Las Vegas, North Las Vegas Police Department and Officer Jeffrey

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Pollard, by and through their counsel, Robert W. Freeman, Jr., Esq., and hereby stipulate as

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follows:

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1. Immediately prior to the hearing on the pending Renewed Motion for Summary Judgment
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(ECF No. 140), the parties apprised the Court of a recent 9th Circuit Opinion in Mendez v. Cty. of

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L.A., Nos. 13-56686, 13-57072, 2018 U.S. App. LEXIS 20907 (9th Cir. July 27, 2018). This was

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the remanded opinion ordered by the United States Supreme Court in Cty. of L.A. v. Mendez,

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137 S. Ct. 1539 (2017). The parties agreed at that time that further briefing was necessary as the

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9th Circuit Opinion set out a detailed legal analysis on issues that affect the case at bar. This Court
concurred and set out a briefing schedule and a new date for oral argument in ECF No. 150.

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2. However, just a few days ago on August 10, 2018, a Motion for Rehearing was filed in

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Mendez v. Cty. of L.A., Nos. 13-56686, 13-57072. Though the opinion in Mendez v. Cty. of

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L.A., Nos. 13-56686, 13-57072, 2018 U.S. App. LEXIS 20907 (9th Cir. July 27, 2018) was

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published, the parties herein believe that prudence dictates the parties wait for briefing and oral

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argument in this matter until the 9th Circuit makes a final ruling on the matter as the issues in

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Mendez have a significant effect on the instant matter.

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Case 2:11-cv-02116-GMN-NJK Document 151 Filed 08/14/18 Page 3 of 3

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3. Therefore, the briefing schedule and oral argument set out in ECF No. 150 should be

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vacated pending the decision of the 9th Circuit on the Motion for Rehearing in Mendez v. Cty. of

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L.A., Nos. 13-56686, 13-57072. Counsel will watch the 9th Circuit docket and will immediately

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notify this Court when a decision is finalized and when briefing and oral argument in this matter
can be set for.

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DATED this 14th day of August 2018.

DATED this 14th day of August 2018.

MURDOCK & ASSOCIATES, CHTD.
ECKLEY M. KEACH, CHTD.

LEWIS BRISBOIS BISGAARD & SMITH

/s/ Robert E. Murdock
Robert E. Murdock Bar No. 4013
Eckley M. Keach
Bar No. 1154
521 South Third Street
Las Vegas, NV 89101
Attorneys for Plaintiffs

/s/ Robert W. Freeman, Jr.
Robert W. Freeman, Jr. Bar No. 3062
6385 South Rainbow Blvd., Suite 600
Las Vegas, NV 89118
Attorney for Defendants

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ORDER
IT IS HEREBY ORDERED that the parties' stipulation to extend time is GRANTED in
part and DENIED in part.
IT IS FURTHER ORDERED that the Court's prior order, (ECF No. 150), setting a
briefing schedule and oral argument hearing is hereby VACATED.
IT IS FURTHER ORDERED that, because the Ninth Circuit's final ruling in Mendez will
impact the disposition of the instant case, the Court hereby STAYS this case pending the Ninth
Circuit's decision.
IT IS FURTHER ORDERED that the parties shall submit joint status reports every sixty
(60) days until the Ninth Circuit issues a dispositive decision in Mendez. The first joint status
report is due sixty (60) days from the issuance of this Order.
IT IS SO ORDERED.
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DATED this ______day of August, 2018.

________________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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