Perez v. Local 872, Laborers International Union of North America
Filing
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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)
Case 2:15-cv-01979-GMN-CWH Document 32 Filed 02/07/17 Page 1 of 2
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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
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Attorneys for the United States.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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EDWARD C. HUGLER, Acting Secretary of
Labor, United States Department of Labor,
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Plaintiff,
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v.
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LOCAL 872, LABORERS INTERNATIONAL )
UNION OF NORTH AMERICA,
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Defendant.
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Case No. 2:15-cv-01979-GMN-CWH
NOTICE PURSUANT TO FEDERAL
RULE OF CIVIL PROCEDURE 25(d),
ERRATA AND ORDER
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Pursuant to Federal Rule of Civil Procedure 25(d), “when a public officer who is a party
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in an official capacity … ceases to hold office while the action is pending… [t]he officer’s
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successor is automatically substituted as a party.”
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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
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Summary Judgment (ECF #31): The appointment of Solicitor M. Patricia Smith, who is listed of
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counsel, expired on January 20, 2017. Her signature should have been omitted and replaced
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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
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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.
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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
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DANIEL G. BOGDEN
United States Attorney
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/s/ Troy K. Flake
TROY K. FLAKE
KRYSTAL J. ROSSE
Assistant United States Attorneys
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Of Counsel:
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KATHERINE E. BISSELL
Deputy Solicitor for Regional Enforcement
CHRISTOPHER B. WILKINSON
Associate Solicitor
CLINTON WOLCOTT
Counsel for Legal Advice
SHIREEN M. MCQUADE
Attorney
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Attorneys for United States Department of Labor
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ORDER
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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.
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UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
May 19, 2017
DATED:
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