Stewart et al v. Henderson Fire Department et al

Filing 8

ORDER granting 5 Stipulation to Amend Complaint. Signed by Magistrate Judge Nancy J. Koppe on 12/1/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02876-JAD-NJK Document 5 Filed 11/30/17 Page 1 of 3
JOSH M REID
City Attorney
Nevada Bar No. 7497
NANCY D. SAVAGE
Assistant City Attorney
Nevada Bar No. 392
240 Water Street, MSC 144
Henderson, NV 89015
[phone] Telephone
[phone] Facsimile
[e-mail]
Attorney for Defendant
HENDERSON FIRE DEPARTMENT
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES DISTRICT COURT
CASE NO.: 2:17-cv-02876

CHRISTOPHER STEWART, deceased;
MELINDA VEREEN-MCDUFFIE, Appointed
Special Administrator of the Estate of
Christopher Stewart; MARIA STEWART;
ALEXANDER VIRAY; PAUL VIRAY;
CHRISTINA MARIE SMITH;
CHRISTOPHER JAMES STEWART,

STIPULATION AND ORDER TO
AMEND COMPLAINT TO CORRECT
NAMES OF PARTIES

Plaintiffs,
v.
HENDERSON FIRE DEPARTMENT;
GREGORY TRUAX, D.O.; and DJORDJE
V. HRISTIC, MD.,
Defendants.
COME NOW, Plaintiffs Christopher Stewart; Melinda Vereen-McDuffie; Maria
Stewart; Alexander Viray; Paul Viray; Christina Maria Smith and Christopher James
Stewart, by and through their attorneys Leslie M. Stovall, Esq. and Ross H. Moynihan,
Esq. of STOVALL & ASSOCIATES; Defendant Gregory Truax, D.O., by and through his
attorneys Robert C. McBride, Esq. and Gerald L. Tan, Esq. of CARROLL, KELLY,
TROTTER, FRANZEN, MCKENNA & PEABODY; Defendant Djordje V. Hristic, MD, by
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Case 2:17-cv-02876-JAD-NJK Document 5 Filed 11/30/17 Page 2 of 3
and through his attorneys Kim I. Mandelbaum, Esq. and Marie Ellerton, Esq. of
MANDELBAUM,

ELLERTON

&

ASSOCIATES;

and

Defendant

Henderson

Fire

Department, by and through its attorneys Nancy D. Savage, Assistant City Attorney and
Josh M. Reid, City Attorney for the CITY OF HENDERSON, and hereby stipulate and
agree to the following:
1. The Henderson Fire Department is not a legal entity and was incorrectly named
as a Defendant in the Plaintiffs’ Complaint in the above-entitled action instead of the City
of Henderson which is the correct name of the party.
2. Plaintiffs will file an Amended Complaint for the sole purpose of making the
following changes and corrections: substituting “City of Henderson” as the correct name of
the Defendant in the place and stead of the Henderson Fire Department and to correctly
spell Defendant Gregory Truax D.O.’s name in the Complaint’s caption, instead of “Traux”;
No other amendments to Plaintiffs’ Complaint will be made. This stipulation is entered for
the sole purpose of making such corrections and is not a waiver of any rights that
defendants may have to seek remand in the future.
3. Plaintiffs’ Amended Complaint will be filed within seven (7) days of entry of the
court’s order upon this stipulation.
4. The caption and the court’s docket shall be amended to reflect the “City of
Henderson” as the named defendant and to remove “Henderson Fire Department” as a
party and to reflect the correct spelling of defendant’s name as Gregory Truax D.O.
5.

The Defendant City of Henderson’s response to the Plaintiffs’ Amended

Complaint will be due within seven (7) days after it is filed, with any holidays not to be
included in the calculation of “days.”
///
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Case 2:17-cv-02876-JAD-NJK Document 5 Filed 11/30/17 Page 3 of 3

30th

/s/ Kim Irene Mandelbaum

/s/ Nancy D. Savage

/s/ Robert C. McBride

December 1

United States Magistrate Judge