Perez v. Local 872, Laborers International Union of North America

Filing 47

ORDER Granting 32 Motion to Substitute Party. The clerk's office will change the caption to reflect the correct Plaintiff in this case, Edward C. Hugler, Acting Secretary of Labor, United States Department of Labor, thus terminating Thomas E. Perez. Signed by Magistrate Judge Carl W. Hoffman on 5/19/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:15-cv-01979-GMN-CWH Document 32 Filed 02/07/17 Page 1 of 2 1 2 3 4 5 6 DANIEL G. BOGDEN United States Attorney District of Nevada KRYSTAL J. ROSSE TROY K. FLAKE Assistant United States Attorneys 501 Las Vegas Boulevard South, Suite 1100 Las Vegas, Nevada 89101 Telephone: 702-388-6336 Email: krystal.rosse@usdoj.gov troy.flake@usdoj.gov 7 Attorneys for the United States. 8 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 14 15 16 17 18 EDWARD C. HUGLER, Acting Secretary of Labor, United States Department of Labor, ) ) ) Plaintiff, ) ) v. ) ) LOCAL 872, LABORERS INTERNATIONAL ) UNION OF NORTH AMERICA, ) ) Defendant. ) Case No. 2:15-cv-01979-GMN-CWH NOTICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(d), ERRATA AND ORDER 19 20 Pursuant to Federal Rule of Civil Procedure 25(d), “when a public officer who is a party 21 in an official capacity … ceases to hold office while the action is pending… [t]he officer’s 22 successor is automatically substituted as a party.” 23 24 25 Accordingly, Acting Secretary of Labor Edward C. Hugler, successor to Thomas E. Perez, is automatically substituted as the Plaintiff in this action for all purposes. Plaintiff also requests that the Court take notice of the following errata in its Motion for 26 Summary Judgment (ECF #31): The appointment of Solicitor M. Patricia Smith, who is listed of 27 counsel, expired on January 20, 2017. Her signature should have been omitted and replaced 28 with the signature of Katherine E. Bissell, Deputy Solicitor for Regional Enforcement. Case 2:15-cv-01979-GMN-CWH Document 32 Filed 02/07/17 Page 2 of 2 1 2 3 Plaintiff Acting Secretary of Labor Edward C. Hugler respectfully requests that the court direct the clerk’s office to correct the caption to reflect the correct Plaintiff in this case. Dated this 7th day of February 2017. 4 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General 5 DANIEL G. BOGDEN United States Attorney 6 7 /s/ Troy K. Flake TROY K. FLAKE KRYSTAL J. ROSSE Assistant United States Attorneys 8 9 10 11 Of Counsel: 12 KATHERINE E. BISSELL Deputy Solicitor for Regional Enforcement CHRISTOPHER B. WILKINSON Associate Solicitor CLINTON WOLCOTT Counsel for Legal Advice SHIREEN M. MCQUADE Attorney 13 14 15 16 Attorneys for United States Department of Labor 17 18 19 20 ORDER 21 IT IS HEREBY ORDERED, that the clerk’s office will change the caption to reflect the correct Plaintiff in this case, Edward C. Hugler, Acting Secretary of Labor, United States Department of Labor, thus terminating Thomas E. Perez. 22 23 24 25 26 27 28 UNITED STATES DISTRICT JUDGE UNITED STATES MAGISTRATE JUDGE May 19, 2017 DATED:

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