Gardener v. City of Las Vegas

Filing 18

ORDER Granting 17 Stipulation of Dismissal as to Defendant City of Las Vegas without prejudice. Signed by Chief Judge Gloria M. Navarro on 11/1/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-01384-GMN-CWH Document 17 Filed 10/19/16 Page 1 of 2

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CITY OF LAS VEGAS
BRADFORD R. JERBIC
City Attorney
Nevada Bar No. 1056
ELIAS P. GEORGE
Deputy City Attorney
Nevada Bar No. 12379
[e-mail]
495 S. Main Street, Sixth Floor
Las Vegas, NV 89101
[phone] (office)
[phone] (fax)
Attorneys for City of Las Vegas

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER GARDNER, individually, and
as heir, and Special Administrator for THE
CASE NO.: 2:16-cv-01384-GMN-CWH
ESTATE OF ELLEN FINNIE GALLUCCI,
Plaintiffs,

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vs.

[PROPOSED] STIPULATION AND
ORDER FOR DISMISSAL WITHOUT
CITY OF LAS VEGAS, a corporate City of the PREJUDICE
State of Nevada; LAS VEGAS
METROPOLITAN POLICE DEPARTMENT,
political subdivision of the State of Nevada;
SHERIFF JOSEPH LOMBARDO,
Defendants.

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Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, plaintiff Christopher
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Gardner, individually, and as heir and special administrator for the estate of Ellen Finnie
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Gallucci, by and through his attorney Amy M. Wilson, Esq., of the The Law Offices of Kevin R.
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Hansen, and defendant City of Las Vegas, by and through its attorneys, Bradford R. Jerbic, City
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Attorney, by Elias P. George, Deputy City Attorney, and representing that no trial has been set,
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hereby stipulate to dismissal without prejudice defendant City of Las Vegas from the instant suit.
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On September 20, 2016 plaintiff filed suit in the above-captioned matter asserting various
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42 U.S.C. § 1983 claims and accompanying state-law tort claims. [ECF No. 7]. The complaint
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asserts allegations against defendants’ City of Las Vegas, Las Vegas Metropolitan Police
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Department (“Metro”), and Sheriff Joseph Lombardo (“Sheriff”) for events relating solely to the
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of
City of Las Vegas
495 S. Main Street
Sixth Floor
Las Vegas, Nevada 89101
[phone]

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Case 2:16-cv-01384-GMN-CWH Document 17 Filed 10/19/16 Page 2 of 2

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actions (or inactions) of defendants Metro and Sheriff. [ECF No. 7]. Under governing law,

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however, the City of Las Vegas is not responsible for the actions of Metro or its employees,

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including the Sheriff, for Metro is an independent governmental entity formed under NRS

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280.010, et seq. Pursuant to this statutory authority, Clark County and the City merged their

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police agencies into a single entity, NRS 280.110, which merger consolidated the law

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enforcement powers of the City and County into a wholly separate and distinct entity, Metro,

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NRS 280.120, for which the Sheriff is its chief law enforcement officer. NRS 280.121.

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IT IS HEREBY STIPULATED AND AGREED that defendant City of Las Vegas,
including plaintiff’s allegations lodged against the city, is hereby dismissed without prejudice
from the instant action, with each party to bear their own attorney’s fees and costs.

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DATED: October 19, 2016

DATED: October 19, 2016

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/S/ Elias P. George
_________________________
ELIAS P. GEORGE
Deputy City Attorney
CITY OF LAS VEGAS
Nevada Bar No. 12379
495 South Main Street, Sixth Floor
Las Vegas, NV 89101
[e-mail]
Attorneys for City of Las Vegas

/S/ Amy M. Wilson
_____________________________
AMY M. WILSON, ESQ.
THE LAW OFFICES OF KEVIN R. HANSEN
Nevada Bar No. 13421
5440 West Sahara Avenue, Suite 206
Las Vegas, NV 89146
[e-mail]
Attorneys for Plaintiffs

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ORDER

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IT IS SO ORDERED.

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_______________________________________
UNITED STATES DISTRICT COURT JUDGE
DATED this ___ day of October, 2016.
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of
City of Las Vegas
495 S. Main Street
Sixth Floor
Las Vegas, Nevada 89101
[phone]

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