Mclellan v. State of Nevada Department of Public Safety

Filing 82

ORDER re 78 USCA Memorandum/Opinion (ECF No. 78 ) : The portion of the Court's Order granting summary judgment (ECF No. 68 ), and the corresponding Judgment (ECF No. 69 ), in favor of the Individual Defendants are vacated. Joint Status Report due by 2/2/2017. Signed by Judge Miranda M. Du on 1/19/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICK MCLELLAN,

Case No. 3:12-cv-00391-MMD-WGC
Plaintiff,

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v.

ORDER

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STATE OF NEVADA ex rel.
DEPARTMNET OF PUBLIC SAFETY, et
al.,

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Defendants.
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The Ninth Circuit Court of Appeals reversed the Court’s ruling that claim

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preclusion bars Plaintiff’s claims against Defendants Tony Almaraz, Chris Perry and

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Jarold Hafen (collectively, “Individual Defendants”), who are sued in their individual

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capacities, and remanded for further proceedings.1 (ECF No. 78.)

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portion of the Court’s Order granting summary judgment (ECF No. 68), and the

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corresponding Judgment (ECF No. 69), in favor of the Individual Defendants are

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vacated. The parties are directed to file a joint status report within fourteen (14) days to

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propose a schedule for the remaining proceedings in this case.

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Accordingly, the

DATED THIS 19th day of January 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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1The

Ninth Circuit Court of Appeals affirmed the ruling that claim preclusion bars
Plaintiff’s claims against Defendant James Wright. (ECF No. 78.)