Guardado v. Dzurenda et al

Filing 132

ORDER Granting 130 Stipulation to Dismiss With Prejudice. Signed by Judge Gloria M. Navarro on 7/8/2024. (Copies have been distributed pursuant to the NEF - RJDG)

Download PDF
1 2 3 4 5 6 7 8 9 10 AARON D. FORD Attorney General VICTORIA C. COREY (Bar No. 16364) Deputy Attorney General State of Nevada Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 (702) 486-9245 (phone) (702) 486-3773 (fax) Email: vcorey@ag.nv.gov Attorneys for Defendants, Jay Barth, Julio Calderin, Charles Daniels, James Dzurenda, Javier Garcia, Monique Hubbard-Pickett, Calvin Johnson, Keith McKeehan, Jennifer Nash, Gary Piccinini, Jonathan Rivera, Kim Thomas, Vangela Thompson, Harold Wickham, and Brian Williams 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 ERNEST GUARDADO, 14 Case No. 2:21-cv-00994-GMN-EJY Plaintiff 15 v. 16 JAMES DZURENDA, et al., 17 STIPULATION AND ORDER TO DISMISS WITH PREJUDICE Defendants 18 19 IT IS HEREBY STIPULATED by and between Defendants, by and through counsel, 20 Aaron D. Ford, Attorney General of the State of Nevada, and Victoria C. Corey, Deputy 21 Attorney General, of the State of Nevada, Office of the Attorney General, and Ernest 22 Guardado, Pro Se Plaintiff, under Rule 41(a)(1)(A)(ii), Federal Rules of Civil Procedure, 23 that the above-captioned action shall be dismissed with prejudice, with each party bearing 24 their own attorney’s fees and costs. 25 /// 26 /// 27 /// 28 /// Page 1 EXHIBIT A Declaration of Victoria C. Corey EXHIBIT A 1 2 3 4 5 6 7 8 9 10 AARON D. FORD Attorney General VICTORIA C. COREY (Bar No. 16364) Deputy Attorney General State of Nevada Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 (702) 486-9245 (phone) (702) 486-3773 (fax) Email: vcorey@ag.nv.gov Attorneys for Defendants, Jay Barth, Julio Calderin, Charles Daniels, James Dzurenda, Javier Garcia, Monique Hubbard-Pickett, Calvin Johnson, Keith McKeehan, Jennifer Nash, Gary Piccinini, Jonathan Rivera, Kim Thomas, Vangela Thompson, Harold Wickham, and Brian Williams 11 UNITED STATES DISTRICT COURT 12 13 14 15 16 17 DISTRICT OF NEVADA ERNEST GUARDADO, Plaintiff, v. 20 21 22 DECLARATION OF DEPUTY ATTORNEY GENERAL VICTORIA C. COREY JAMES DZURENDA, et al., Defendants. 18 19 Case No. 2:21-cv-00994-GMN-EJY I, Victoria C. Corey, Deputy Attorney General, being first duly sworn, under penalty of perjury under the laws of the United States deposes and says: 1. I am over the age of 18 and am otherwise fully competent to testify to the facts contained in this declaration. 23 2. I am a Deputy Attorney General for the State of Nevada. 24 3. On March 12, 2024, the parties in the matter of Ernest Guardado v. James 25 Dzurenda, et al., USDC 2:21-cv-00994-GMN-EJY, attended a settlement conference. A 26 settlement agreement was reached. 27 28 4. That same day, I personally sent Ernest Guardado (Guardado) the proposed settlement agreement, as well as a proposed stipulation to dismiss, both for signature. Page 1 of 2 1 5. On March 13, 2024, I received Guardado’s signature on the settlement 2 agreement. In response, I asked Guardado to sign the stipulation to dismiss as well, and 3 sent him back the fully executed settlement agreement. 4 5 6 7 8 9 10 11 12 13 14 15 16 6. On May 13, 2024, I followed up with Guardado regarding signing the stipulation to dismiss. 7. On May 14, 2024, Guardado responded with a signed document, however that document was the settlement agreement again, not the stipulation to dismiss. 8. That same day, I responded to Guardado, informing him I already had the signed settlement agreement and that I needed the signed stipulation to dismiss. 9. Receiving no response, after the June 12, 2024, hearing, I once again reached out to Guardado regarding the stipulation to dismiss. 10. During all email communications up to this point, I had been communicating with Guardado through the following email address: ejguardado1582@gmail.com. 11. On July 6, 2024, I received a signed stipulation to dismiss from the email address “njg19981995@gmail.com”. 12. While this is not the same email address that I have been communicating with 17 Guardado through, the signed stipulation to dismiss was the same stipulation to dismiss I 18 had previously sent Guardado on numerous occasions. 19 20 21 13. As such, to the best of my knowledge, Guardado did in fact sign the stipulation to dismiss in this matter. 14. I hereby certify that Exhibit B, attached to the Stipulation to Dismiss, are 22 true and accurate copies of email correspondences between myself and Plaintiff, Ernest 23 Guardado. 24 25 26 27 28 FURTHER, I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct. EXECUTED this 8th day of July, 2024. /s/ Victoria C. Corey VICTORIA C. COREY, Bar No. 16364 Deputy Attorney General, State of Nevada Page 2 of 2 EXHIBIT B Emails Between Victoria C. Corey and Ernest Guardado EXHIBIT B From: To: Cc: Subject: Date: Attachments: Importance: Victoria C. Corey "Ejguardado1582@gmail.com" Karen A. Easton RE: Settlement Agreement for 2:21-cv-00994-GMN-EJY Monday, May 13, 2024 11:38:00 AM 2024.03.12 Stip to Dismiss.docx High Mr. Guardado; I am following up as I have not received the signed stip to dismiss from you yet. My understanding is that all monies have been sent to your address already. Thank you, Victoria C. Corey Deputy Attorney General Office of the Nevada Attorney General Public Safety Division 555 E. Washington Avenue, Suite 3900 Las Vegas, NV 89101 Phone: 702.486.9245 Fax: 702.486.3773 Email: vcorey@ag.nv.gov Notice: This e-mail message and any attachments thereto may contain confidential, privileged or nonpublic information. Use, dissemination, distribution or reproduction of this information by unintended recipients is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy all copies From: Victoria C. Corey Sent: Tuesday, March 12, 2024 9:59 AM To: Ejguardado1582@gmail.com Cc: Karen A. Easton <KEaston@ag.nv.gov> Subject: Settlement Agreement for 2:21-cv-00994-GMN-EJY Importance: High Mr. Guardado; Thank you for attending the settlement conference today and being willing to settle the above referenced case. As promised, attached is the proposed settlement agreement. Please review it and let me know if you require or request any changes. As stated, I am fine with e-signing the agreement. If you somehow cannot e-sign it, if you would email me that I have permission to sign on your behalf, I will affix your e-signature for you. Additionally, I have attached the stipulation to dismiss the case. If you could sign that as well, I will ensure it does not get filed until I know that the money has been sent to you and I will check in with you to make sure it has been received. Please let me know if you have any questions! Victoria C. Corey Deputy Attorney General Office of the Nevada Attorney General Public Safety Division 555 E. Washington Avenue, Suite 3900 Las Vegas, NV 89101 Phone: 702.486.9245 Fax: 702.486.3773 Email: vcorey@ag.nv.gov Notice: This e-mail message and any attachments thereto may contain confidential, privileged or nonpublic information. Use, dissemination, distribution or reproduction of this information by unintended recipients is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy all copies From: To: Subject: Date: Ernest Victoria C. Corey Ernest Guardado has shared a file with you Tuesday, May 14, 2024 6:19:10 AM WARNING - This email originated from outside the State of Nevada. Exercise caution when opening attachments or clicking links, especially from unknown senders. https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:c08831d8-ff0a-46bb-9af3-e519862ced1f From: To: Subject: Date: Ernest Victoria C. Corey Settlement agreement Tuesday, May 14, 2024 6:20:15 AM WARNING - This email originated from outside the State of Nevada. Exercise caution when opening attachments or clicking links, especially from unknown senders. I apologize for the tardiness of the document I thought I sent it out but it was sitting in my dress please let me know if there is anything else you need thank you From: To: Cc: Subject: Date: Attachments: Importance: Victoria C. Corey Ernest Caryn K. Haller RE: Ernest Guardado has shared a file with you Friday, July 5, 2024 4:40:00 PM Stip to Dismiss.pdf High Mr. Guardado – I am following up on my emails below. I am attempting to prevent having to file something in the case. Please sign the attached stipulation to dismiss for this case. Victoria C. Corey Deputy Attorney General Office of the Nevada Attorney General Public Safety Division 555 E. Washington Avenue, Suite 3900 Las Vegas, NV 89101 Phone: 702.486.9245 Fax: 702.486.3773 Email: vcorey@ag.nv.gov Notice: This e-mail message and any attachments thereto may contain confidential, privileged or nonpublic information. Use, dissemination, distribution or reproduction of this information by unintended recipients is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy all copies From: Victoria C. Corey Sent: Tuesday, May 14, 2024 8:50 AM To: Ernest <ejguardado1582@gmail.com> Cc: Karen A. Easton <KEaston@ag.nv.gov> Subject: RE: Ernest Guardado has shared a file with you Importance: High Mr. Guardado – We have the signed settlement agreement – we don’t have the signed stipulation to dismiss. I have attached it here again for your convenience. Victoria C. Corey Deputy Attorney General Office of the Nevada Attorney General Public Safety Division 555 E. Washington Avenue, Suite 3900 Las Vegas, NV 89101 Phone: 702.486.9245 Fax: 702.486.3773 Email: vcorey@ag.nv.gov Notice: This e-mail message and any attachments thereto may contain confidential, privileged or nonpublic information. Use, dissemination, distribution or reproduction of this information by unintended recipients is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy all copies From: Ernest <ejguardado1582@gmail.com> Sent: Tuesday, May 14, 2024 6:18 AM To: Victoria C. Corey <vcorey@ag.nv.gov> Subject: Ernest Guardado has shared a file with you WARNING - This email originated from outside the State of Nevada. Exercise caution when opening attachments or clicking links, especially from unknown senders. https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:c08831d8-ff0a-46bb-9af3e519862ced1f From: To: Subject: Date: Ernest Victoria C. Corey Ernest Guardado has shared a file with you Saturday, July 6, 2024 12:06:33 AM WARNING - This email originated from outside the State of Nevada. Exercise caution when opening attachments or clicking links, especially from unknown senders. https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:89cee443-a6c0-4922-9c74-3f75b79e7153

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?