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

Filing 197

ORDER GRANTING 193 Unopposed Motion to Release Funds from Blocked Trust Account. IT IS FURTHER ORDERED that the 190 and 191 Motions to Release Funds are DENIED asmoot. Signed by Judge Gloria M. Navarro on 4/6/2021. (Copies have been distributed pursuant to the NEF - DRS)

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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 Case No.: 2:11-cv-02116-GMN-NJK
Sauceda; IRENE SAUCEDA, individually, and
as natural parent and guardian of FERNANDO
SAUCEDA, a
minor;
SEBASTIAN
SAUCEDA, a minor; and
UNOPPOSED MOTION TO RELEASE
, a minor,
FUNDS
FROM
BLOCKED
TRUST
ACCOUNT DUE TO AGE OF CHILD
Plaintiffs,

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SEALED DOCUMENT UNDER FED. R.CIV.P.5.2

vs.
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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Page 1 of 4

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The current Motion to Release Funds from Blocked Trust Account Due to Age of Child is

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Unopposed. This Motion is exactly the same as the one filed on 12/22/2020, ECF No. 190. There

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was no opposition filed and Plaintiffs informed the court on 2/2/2021 by filing a Notice of No

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Opposition, ECF No. 192. Now that Plaintiffs know that it is unopposed1, Plaintiffs are filing this
Motion in accordance with LR IA 6-2.
As this Court is well aware, Magistrate Judge Koppe granted a Petition for Minor’s

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Compromise via a Report and Recommendation in April of 2020 (ECF No. 181) regarding

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Sebastian Sauceda and

This matter is limited to Sebastian. Judge Navarro

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adopted the Report and Recommendation on April 30, 2020. (ECF No. 182). Pursuant to same, on

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June 8, 2020, Proof of Establishment of Blocked Trust Account was filed. (ECF No. 188 and 189).

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Accordingly, $56,647.21 was deposited into account number 1030006728 at Meadows Bank.

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Attached hereto is a statement from Meadows Bank showing that no monies have been
withdrawn from said account and that the current balance is $56,702.17. See Exhibit “1”.
Additionally, attached hereto, is a copy of the birth certificate of Sebastian Sauceda.

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Sebastian turned 18 on December 20, 2020. See Exhibit “2”.

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Accordingly, Sebastian requests that the Court remove the Blocked Trust Account Order
and allow Sebastian access to the monies.

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This was also confirmed via email with Defense Counsel Freeman on 2/18/21 at 2:46 pm.
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Though neither the Report and Recommendation (ECF No. 181) nor the Order Adopting the

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Report and Recommendation (ECF No. 182) state specifically that the minor child need to come

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back and ask this Court’s permission, some Courts within the Eighth Judicial District require this

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and therefore, this filing is being made in an abundance of caution.
Again, accordingly, Sebastian requests that the Court remove the Blocked Trust Account
Order and allow Sebastian full and complete access to the monies.
This Motion is unopposed.
DATED this 18th day of February 2021.

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Respectfully submitted by:

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

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

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ORDER
IT IS SO ORDERED.

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IT IS FURTHER ORDERED that the [190] and
[191] Motions to Release Funds are DENIED as
moot.

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Dated this ____ day of April, 2021.

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___________________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT
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CERTIFICATE OF SERVICE

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The undersigned hereby declares she is an employee of Murdock & Associates, Chtd. and

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that on February 18, 2021 a true copy of the foregoing Unopposed Motion to Release Funds from

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Blocked Trust Account Due to Age of Child was served upon all counsel of record by using the

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United States District Court, District of Nevada’s Management/Electronic Case Filing System that

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will electronically mail notification to the following counsel of record and by US Mail per LR IC 4-

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1(c)(4):

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Robert W. Freeman, Jr., Esq.
Lewis Brisbois Bisgaard & Smith LLP
6385 South Rainbow Blvd., Suite 600
Las Vegas, NV 89118
Attorneys for Defendants

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/s/ Vera A. Minkova
An employee of Murdock & Associates, Chtd.

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