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

Filing 114

ORDER granting ECF No. 113 Motion for Reconsideration. Defendants' Motion for Summary Judgment (ECF No. 82 ) is reinstated. The Court will address the motion in due course. Signed by Chief Judge Miranda M. Du on 2/4/2021. (Copies have been distributed pursuant to the NEF - AB)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 LUIS CERVANTES, Case No. 2:17-cv-00562-MMD-DJA Plaintiff, 7 ORDER v. 8 9 10 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al., Defendants. 11 12 This is a civil rights action brought under 42 U.S.C. § 1983. (ECF No. 6.) Plaintiff 13 Luis Cervantes brought this action against Defendants Las Vegas Metropolitan Police 14 Department Detention Service Division, Naphcare, Clark County Detention Center, Las 15 Vegas Metropolitan Police Department, Eddie Scott, Timothy Dorion, Christian Pizan, 16 Kevin Patimeteeporn, and Allan Kirkwood. Only Scott, Dorion, Patimeteeporn, and 17 Kirkwood remain as Defendants in this action. (ECF Nos. 5, 10, 58.) 18 Before the Court is Defendants’ motion for reconsideration (“Reconsideration 19 Motion”). (ECF No. 113.) On February 3, 2021, the Court issued a minute order (ECF No. 20 112) directing Defendants to file a joint status report or settlement documents per the 21 Court’s prior order (ECF No. 111). In its minute order, the Court also denied the pending 22 motion for summary judgment (ECF No. 82 (“Summary Judgment Motion”)) as moot in 23 light of the pending settlement. Defendants Scott, Dorion, and Patimeteeporn 24 subsequently filed the Reconsideration Motion requesting that the Summary Judgment 25 Motion be reinstated, stating that the pending settlement was between Plaintiff and 26 Defendant Kirkland only, while the Summary Judgment Motion was between Plaintiff and 27 Defendants Scott, Dorion, and Patimeteeporn. (ECF No. 113.) The Court agrees with 28 Defendants and will grant the Reconsideration Motion. 1 2 3 4 5 It is therefore ordered that defendants’ motion for reconsideration (ECF No. 113) is granted. It is further ordered that defendants’ motion for summary judgment (ECF No. 82) is reinstated. The Court will address the motion in due course. DATED THIS 4th Day of February 2021. 6 7 8 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?