Gibson v. Las Vegas Metropolitan Police Department et al

Filing 52

ORDER Denying as moot 40 Defendant Jesus Arevalo's Motion to Stay Discovery. Signed by Magistrate Judge Carl W. Hoffman on 3/5/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CELESTINE GIBSON,

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Plaintiff,

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vs.

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LAS VEGAS METROPOLITAN
POLICE DEPARTMENT, et al.,

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Defendants.
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2:12-cv-00900-GMN-CWH
ORDER

This matter is before the Court on Defendant Jesus Arevalo’s Motion to Stay Discovery

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(#40), filed December 13, 2012, and Plaintiff’s Response (#44), filed December 27, 2013.

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Defendants Las Vegas Metropolitan Police Department (“LVMPD”), Michael Hnatuick, and

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David Dockendorf have all filed joinders to Defendant Arevalo’s motion. See (Dkt. #41), (Dkt.

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#42), and (Dkt. #43).

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Defendant Arevalo requests a stay of discovery pending completion of grand jury

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proceedings initiated “to investigate the facts and circumstances surrounding the death of Stanley

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Levon Gibson.” See Def.’s Mot. (#40) at 1:20-22. In response, Plaintiff notes that the grand jury

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proceeding concluded on December 19, 2012 rendering the requested stay moot. Defendant

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Arevalo did not file a reply, but Defendant LVMPD concedes in its response to Plaintiff’s

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pending motion to compel that the grand jury proceedings have been closed since December.

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Def’s Resp. (#50) at 4:1-2. LVMPD further stated that the entirety of the criminal review was

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closed on or around February 28, 2013. Id. at 4:3-11. Consequently, Defendant Arevalo’s
motion to stay, which is predicated on an ongoing criminal investigation, is moot because the

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criminal investigation has concluded. Accordingly,
IT IS HEREBY ORDERED that Defendant Jesus Arevalo’s Motion to Stay Discovery
(#40) is denied as moot.
DATED this 5th day of March, 2013.

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C.W. Hoffman, Jr.
United States Magistrate Judge

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