Lopez v. Clark County Fire Department et al

Filing 58

ORDER Granting 54 Motion to Substitute Party. George C. Swarts substituted for Paul Lopez. Signed by Magistrate Judge George Foley, Jr on 9/13/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00218-APG-GWF Document 54 Filed 09/01/16 Page 1 of 4

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Andrew L. Rempfer
Nevada Bar No. 8628
LAW OFFICES OF STEVEN J. PARSONS
7201 W Lake Mead Blvd Ste 108
Las Vegas NV 89128-8354
[phone]
[phone] (fax)
[e-mail]

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Attorney for Plaintiff
PAUL LOPEZ & GEORGE
C. SWARTS, C.P.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PAUL LOPEZ, an individual,
Plaintiff,

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MOTION AND [PROPOSED] ORDER TO
SUBSTITUTE PARTY
(Fed. R. Civ. P., Rule 25(a))

v.

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Case No. 2:16-cv-00218-APG-GWF

CLARK COUNTY, ex. rel. CLARK COUNTY
FIRE DEPARTMENT, a political subdivision of
the State of Nevada; CLARK COUNTY FIRE
FIGHTERS' LOCAL 1908, an employee
bargaining unit, a Nevada non-profit
corporation; EMPLOYEE(S) AGENT DOES I
through V, inclusive; and ROE ENTITIES I
through V, inclusive; SUSAN VINCENT, an
individual; DR. SUSAN VINCENT, a Nevada
limited liability company,

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Defendants.
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Plaintiff PAUL LOPEZ (“Plaintiff”), through his lawyer, Andrew L. Rempfer of LAW OFFICES

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STEVEN J. PARSONS, hereby moves the Court for an Order substituting as Plaintiff, herein,

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GEORGE C. SWARTS, CPA, an individual, upon the death of Plaintiff and the appointment of

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GEORGE C. SWARTS, CPA, as Special Administrator for Plaintiff.

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This Motion is brought upon Fed. R. Civ. P., Rule 25(a), the following Memorandum of

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Points and Authorities, the attached Declaration of Plaintiff’s counsel, Andrew L. Rempfer, the

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exhibit attached hereto, and on what other evidence the Court may adduce at any hearing

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upon the Request.

Law Offices of Steven J. Parsons
7201 W. Lake Mead Blvd., Ste. 108
Las Vegas, Nevada 89128-8354
[phone]; fax [phone]
[e-mail]

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Case 2:16-cv-00218-APG-GWF Document 54 Filed 09/01/16 Page 2 of 4

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///
Dated: Thursday, September 1, 2016.

Respectfully Submitted By:

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LAW OFFICES OF STEVEN J. PARSONS

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/s/ Andrew L. Rempfer
ANDREW L. REMPFER
Nevada Bar No. 8628

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Attorney for Plaintiff
PAUL LOPEZ & GEORGE C. SWARTS, C.P.A.

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CERTIFICATE OF SERVICE BY E-FILING

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I hereby certify that service of the foregoing Motion and Order to Substitute Parties was

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made upon Defendant CLARK COUNTY FIRE DEPARTMENT’s counsel, LEWIS BRISBOIS BISGAARD

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& SMITH, LLP, DR. SUSAN VINCENT and SUSAN VINCENT’s counsel Wilson Elser of WILSON

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ELSER MOSKOWITZ EDELMAN & DICKER, LLP and CLARK COUNTY FIRE FIGHTERS' LOCAL 1908's

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counsel DAVID COWELL & BOWE, LLP, by e-filing with the Court’s CM/ECF system, duly noting that

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each Defendant has consented to service of this document by joining the Court’s CM/ECF

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electronic service system

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Dated: Thursday, September 1, 2016.
/s/ Kenia Gutierez
An Employee of LAW OFFICES OF STEVEN J.
PARSONS

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MEMORANDUM OF POINTS AND AUTHORITIES

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On September 01, 2016, the Probate Court of the Eighth Judicial District Court, Clark

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County, Nevada (“Probate Court”), entered an Order, appointing George C. Swarts, CPA, the

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Special Administrator for Plaintiff. A copy of the September 01, 2016 Order of the Probate

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Court is attached hereto and incorporated herein as Exhibit “1”.

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Fed. R. Civ. Proc., Rule 25 (a) provides:

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(a) Death.

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(1) Substitution if the Claim is Not Extinguished. If a party dies

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and the claim is not extinguished, the court may order

Law Offices of Steven J. Parsons
7201 W. Lake Mead Blvd., Ste. 108
Las Vegas, Nevada 89128-8354
[phone]; fax [phone]
[e-mail]

Page 2 of 4

Case 2:16-cv-00218-APG-GWF Document 54 Filed 09/01/16 Page 3 of 4

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substitution of the proper party. A motion for substitution may be

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made by any party or by the decedent’s successor or

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representative. If the motion is not made within 90 days after

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service of a statement noting the death, the action by or against

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the decedent must be dismissed.

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As Special Administrator, George C. Swarts, CPA, steps into the same position as
Plaintiff.

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Wherefore, Plaintiff hereby moves this Court for an Order to allow the substitution of

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these parties, namely, George C. Swarts, CPA, as Special Administrator for Plaintiff, and

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therefore a Plaintiff, herein, instead of Plaintiff, Paul Lopez.

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Further, Plaintiff seeks the Court’s Order directed to the Clerk of the Court, that the

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caption and all of the records of this case be changed to show that George C. Swarts, CPA,

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is now substituted for Paul Lopez, and as a Plaintiff, herein. A proposed caption is submitted

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as Exhibit “2" to this Motion.

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Dated: Thursday, September 1, 2016.

Respectfully Submitted By:

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LAW OFFICES OF STEVEN J. PARSONS

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/s/ Andrew L. Rempfer
ANDREW L. REMPFER
Nevada Bar No. 8628

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Attorney for Plaintiff
PAUL LOPEZ &GEORGE C. SWARTS, C.P.A.

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DECLARATION OF ANDREW L. REMPFER, ESQ.

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Andrew L. Rempfer, Esq., pursuant to 28 U.S.C. § 1746, declares under the penalty
of perjury the following:
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I am an attorney, licensed in Nevada. I am the attorney of record for Plaintiff,

Paul Lopez, having been retained by Paul Lopez before the commencement of this case.
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Law Offices of Steven J. Parsons
7201 W. Lake Mead Blvd., Ste. 108
Las Vegas, Nevada 89128-8354
[phone]; fax [phone]
[e-mail]

I prepared the foregoing Motion to Substitute Parties. It is true and correct to

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Case 2:16-cv-00218-APG-GWF Document 54 Filed 09/01/16 Page 4 of 4

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my personal knowledge, and where applicable, I assert I believe it to be true.
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I maintain and supervise the day-to-day maintenance of my offices’ records. I

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can attest that the attached Order, attached as Exhibit “1”, is a true and correct copy of the

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Order as entered by the Court.

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FURTHER, YOUR DECLARANT SAYETH NAUGHT.

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Dated: Thursday, September 1, 2016.

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/S/ ANDREW L. REMPFER, ESQ.
DECLARANT

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ORDER

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Pursuant to the foregoing Motion, and for good cause appearing,

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IT IS SO ORDERED.

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Dated: September 13 , 2016.

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U.S. DISTRICT/MAGISTRATE JUDGE
UNITED STATES MAGISTRATE JUDGE

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Law Offices of Steven J. Parsons
7201 W. Lake Mead Blvd., Ste. 108
Las Vegas, Nevada 89128-8354
[phone]; fax [phone]
[e-mail]

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