Matthews et al v. Las Vegas Metropolitan Police Department
ORDER Granting 116 Motion to Substitute Party. Signed by Magistrate Judge Daniel J. Albregts on 9/8/2021. (Copies have been distributed pursuant to the NEF - JQC)
Case 2:18-cv-00231-RFB-DJA Document 121 Filed 09/08/21 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:18-cv-00231-RFB-DJA
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,
This matter is before the Court on Plaintiff’s Motion to Substitute Stephen Stubbs in His
Capacity as Special Administrator of the Estate of James Alan Iiams (ECF No. 116), filed on
August 16, 2021. To date, no response has been filed. Accordingly, Defendant’s failure to file
points and authorities in response to the Motion “constitutes a consent to the granting of the
motion.” Local Rule 7-2(d). The Court also reviewed the Motion and finds good cause to permit
the substitution and amendment.
Rule 15(a)(2) of the Federal Rules of Civil Procedure, regarding the amendment of
pleadings, directs that “[t]he court should freely give leave when justice so requires.” The Ninth
Circuit Court of Appeals has repeatedly cautioned courts in this circuit to “liberally allow a party
to amend its pleading.” Sonoma Cnty. Ass'n of Ret. Emps. v. Sonoma Cnty., 708 F.3d 1109, 1117
(9th Cir. 2013). “Courts may decline to grant leave to amend only if there is strong evidence of
‘undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure
deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue
of allowance of the amendment, or futility of amendment, etc.’” Id. at 1117 (quoting Foman v.
Davis, 371 U.S. 178, 182 (1962)).
Case 2:18-cv-00231-RFB-DJA Document 121 Filed 09/08/21 Page 2 of 2
Plaintiff James Alan Iiams died on June 8, 2021. Stephen Stubbs was appointed to be the
Special Administrator of his estate on July 22, 2021 and now seeks to be substituted in his
capacity as Special Administrator of the Estate of James Alan Iiams as the Plaintiff. Stubbs
provided sufficient evidence of Iiams’ death and his right to act as Special Administrator.
Accordingly, the Court finds the substitution to be warranted under these circumstances.
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Substitute Stephen Stubbs in
His Capacity as Special Administrator (ECF No. 116) is granted. The Clerk of the Court shall
correct the docket to reflect the Estate of James Alan Iiams, by and through Special Administrator
Stephen Stubbs is now the Plaintiff.
DATED: September 8, 2021
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE
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