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)

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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

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