Cervantes v. Las Vegas Metropolitan Police Department Detention Service Division et al

Filing 10

ORDERED Clerk shall add Eddie Scott (P#15631); Timothy Dorion (P#14942); Christian Pizan (P#13864); Kevin Patimeteeporn (P#14529); and Dr. Allan Kirkwood, DDS to the docket as defendants in this case pursuant to ECF No. 9 . This action will proceed on Counts I, II, and III, alleging due process violations, against Defendants Eddie Scott, Timothy Dorion, Christian Pizan, Kevin Patimeteeporn, and Dr. Allan Kirkwood. Clerk shall issue summonses for Defendants Eddie Scot t (P#15631); Timothy Dorion (P#14942); Christian Pizan (P#13864); Kevin Patimeteeporn (P#14529); and Dr. Allan Kirkwood, DDS and deliver the same to USM for service. Clerk shall send Plaintiff 5 USM-285 forms. P shall provide said forms to USM by 6/7/2018. The Clerk also will send a copy of the complaint (ECF No. 6) and a copy of this order to the USM for service on Ds. (Summons and copies delivered to USM 5/8/2018.) Henceforth P must serve Ds a copy of every pleading submitt ed for consideration, together with a certificate of service. Clerk is directed to terminate Las Vegas Metropolitan Police Department from the docket. Signed by Judge Miranda M. Du on 5/8/2018. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LUIS CERVANTEZ,

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Plaintiff,

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Case No. 2:17-cv-00562-MMD-CWH
ORDER

v.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT DETENTION SERVICE
DIVISION et al.,

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Defendants.

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I.

DISCUSSION

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On March 7, 2018, this Court issued a screening order permitting Counts I, II, and

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III, alleging due process dental violations, to proceed against Doe jail officials, dentist,

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and nurses when Plaintiff learned their identities. (ECF No. 5 at 8.) The Court dismissed

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Defendant Clark County Detention Center with prejudice from the entirety of the case and

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dismissed Defendants Las Vegas Metropolitan Police Department Detention Service

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Division and Naphcare without prejudice from the entirety of the case. (Id.) The Court

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directed the Las Vegas Metropolitan Police Department (“LVMPD”) to enter a limited

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notice of appearance for the limited purpose of conducting limited pre-service discovery

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in an effort to ascertain the true identities of the Doe defendants listed on Plaintiff’s four

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grievances. (Id. at 9.) The Court stated that, after LVMPD identified those individuals, it

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would enter an order directing service of those individuals via the U.S. Marshal’s Office.

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(Id. at 7.)

LVMPD has identified Doe defendants as Eddie Scott, Timothy Dorion,

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Christian Pizan, Kevin Patimeteeporn, and Dr. Allan Kirkwood. (ECF No. 9 at 2). The

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Court now orders service on those defendants.

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II.

CONCLUSION

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For the foregoing reasons, it is ordered that the Clerk of Court add Eddie Scott

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(P#15631); Timothy Dorion (P#14942); Christian Pizan (P#13864); Kevin Patimeteeporn

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(P#14529); and Dr. Allan Kirkwood, DDS to the docket as defendants in this case

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pursuant to ECF No. 9.

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It is further ordered that pursuant to the Court’s screening order (ECF No. 5) and

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limited purpose discovery (ECF No. 9), this action will proceed on Counts I, II, and III,

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alleging due process dental violations, against Defendants Eddie Scott, Timothy Dorion,

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Christian Pizan, Kevin Patimeteeporn, and Dr. Allan Kirkwood.

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It is further ordered that the Clerk of Court issue summonses for Defendants Eddie

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Scott (P#15631); Timothy Dorion (P#14942); Christian Pizan (P#13864); Kevin

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Patimeteeporn (P#14529); and Dr. Allan Kirkwood, DDS and deliver the same to the U.S.

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Marshal for service. The Clerk will send to Plaintiff five (5) USM-285 forms. The Clerk

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also will send a copy of the complaint (ECF No. 6) and a copy of this order to the U.S.

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Marshal for service on Defendant(s). Plaintiff has thirty (30) days within which to furnish

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to the U.S. Marshal the required USM-285 forms with relevant information as to each

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Defendant on each form. Within twenty (20) days after receiving from the U.S. Marshal

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a copy of the USM-285 forms showing whether service has been accomplished, Plaintiff

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must file a notice with the Court identifying which Defendant(s) were served and which

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were not served, if any. If Plaintiff wishes to have service again attempted on an unserved

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Defendant(s), then a motion must be filed with the Court identifying the unserved

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Defendant(s) and specifying a more detailed name and/or address for said Defendant(s),

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or whether some other manner of service should be attempted.

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It is further ordered that henceforth, Plaintiff must serve upon Defendants or, if

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appearance has been entered by counsel, upon the attorney(s) a copy of every pleading,

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motion or other document submitted for consideration by the Court. Plaintiff must include

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with the original paper submitted for filing a certificate stating the date that a true and

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correct copy of the document was mailed to the Defendants or counsel for the

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Defendants. The Court may disregard any paper received by a district judge or magistrate

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judge which has not been filed with the clerk, and any paper received by a district judge,

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magistrate judge or the clerk which fails to include a certificate of service.

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It is further ordered that the Clerk of the Court is directed to terminate Las Vegas

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Metropolitan Police Department from the docket because it has complied with this Court’s

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order to provide limited discovery.

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DATED THIS 8th day of May 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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