McCants et al v. United States Postal Service et al
Filing
10
ORDER granting 9 Stipulation to amend complaint : Amended Complaint due by 2/14/2025. Federal Defendant shall have through 3/7/2025, to respond to Plaintiffs' amended complaint. Signed by Magistrate Judge Daniel J. Albregts on 1/27/2025. (Copies have been distributed pursuant to the NEF - DRM)
1 SUE FAHAMI
Acting United States Attorney
2 District of Nevada
Nevada Bar No. 5634
3
KARISSA D. NEFF
4 Assistant United States Attorney
Nevada Bar No. 9133
5 501 Las Vegas Blvd. So., Suite 1100
Las Vegas, Nevada 89101
6 (702) 388-6336
Karissa.Neff@usdoj.gov
7
Attorneys for the United States
8
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
9
10
Erika McCants, an individual; and David Mark
11 Gosso, an individual,
12
13
v.
Plaintiffs,
Case No. 2:24-cv-02063-CDS-DJA
STIPULATION TO AMEND
COMPLAINT
United States Postal Service; Ashton Paul
14 Yager, an individual; DOE Owners I-V; DOE
Drivers I-V; ROE Employers I-X; and ROE
15
Companies I-X, inclusive, jointly and severally,
16
Defendants.
17
18
Pursuant to Federal Rule of Civil Procedure 15(a), Erika McCants and David Mark
19 Goss (“Plaintiffs”), through their counsel, and the United States of America (“United
20 States”), on behalf of the Federal Defendant, through undersigned counsel, hereby agree and
21 stipulate and agree as follows:
22
1. Plaintiffs filed this action in the Eighth Judicial District Court in Clark County,
23 Nevada, as Case No. A-24-896474-C, on June 29, 2024, for personal injuries allegedly
24 sustained in a traffic accident with a United States Postal Service vehicle.
25
2. The Federal Defendant removed this action to the United States District Court
26 for the District of Nevada on November 5, 2024 (ECF No. 1).
27
28
1
2
3
3. On November 5, 2024, the Federal Defendant filed a Motion for Extension of
Time to File Response to Complaint (ECF No. 2).
4. Plaintiffs did not oppose the United States’ Motion for Extension of Time and
4
this Court granted it, ordering that the United States respond to Plaintiffs’ complaint by
5
January 5, 2025 (ECF No. 5).
6
5. On December 30, 2024, the parties filed a Stipulation for Extension of Time to
7
File Response to Complaint (ECF No. 7) that the Court granted, extending the deadline for
8
Federal Defendant to respond to January 28, 2025 (ECF No. 8).
9
10
6. Plaintiffs have agreed to amend their complaint to reflect that the United States
is the proper defendant in this action.
11
7. The parties agree that Plaintiffs shall amend their complaint to change the
12
named defendants from “United States Postal Service; Ashton Paul Yager, an individual;
13
DOE Owners I-V; DOE Drivers I-V; ROE Employers I-X; and ROE Companies I-X,
14
inclusive, jointly and severally” to the “United States of America.”
15
8. Plaintiffs shall file their amended complaint no later than February 14, 2025.
16
9. Federal Defendant shall have through March 7, 2025, to file a response to the
17
amended complaint.
18
Therefore, the parties request that the Court enter an order that:
19
1.
Plaintiff shall file an amended complaint no later than February 14, 2025,
20
changing the named defendants from “United States Postal Service; Ashton Paul Yager, an
21
individual; DOE Owners I-V; DOE Drivers I-V; ROE Employers I-X; and ROE
22
Companies I-X, inclusive, jointly and severally” to the “United States of America.”
23
24
25
26
27
28
2
1
2
3
2. Federal Defendant shall have through March 7, 2025, to respond to
Plaintiffs’ amended complaint.
Respectfully submitted this 27th day of February 2025.
4
SUE FAHAMI
Acting United States Attorney
5
6
7
8
9
10
11
/s/ Jacob G. Leavitt
JACOB G. LEAVITT
4089 Spring Mountain Road
Las Vegas, Nevada 89102
__________
/s/ Karissa D. Neff
KARISSA D. NEFF
Assistant United States Attorney
Attorneys for the United States
Attorney for Plaintiff
IT IS SO ORDERED:
12
13
14
15
UNITED STATES MAGISTRATE JUDGE
1/27/2025
DATED: _____________________________
16
17
18
19
20
21
22
23
24
25
26
27
28
3
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?