Cepero v. Gillespie et al
Plaintiff: Billy Cepero
Defendant: Detective T. Aiken, Officer J. Bonkavich, Bill Cassell, Detective T. Cord, Detective S. Devore, Detective T. Faller, Detective L. Ferron, Lieutenant D. Flynn, M. Fowler, Douglas Gillespie, Detective R. Hard, Detective R. Kegley, Sergeant C. Leveque, Detective C. Lilienthal, W. Marx, Detective E. Morgan, Detective C. Neri, Detective R. Neslund, Detective T. Radke, Detective G. Theobald and Detective S. Thomas
Case Number: 2:2011cv01421
Filed: September 2, 2011
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Gloria M. Navarro
Presiding Judge: George Foley
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 22, 2024 Opinion or Order Filing 281 ORDER Resolving Objections to Designated Deposition Testimony (ECF Nos. 271 , 273 ) : In the notices of deposition designations, the parties provided their objections to designated deposition testimony. Attached are the court's rulings on those objections, denoted next to the objection in the appropriate line of the charts. IT IS ORDERED that the objections are sustained or overruled as stated on these attachments. Whether addressed by these rulings or not, when presenting depos ition testimony at trial, counsel must: Exclude the internal objections and any discussion about or response thereto; and Exclude attorney-to-attorney colloquy. Signed by Judge Jennifer A. Dorsey on 1/22/2024. (Copies have been distributed pursuant to the NEF - DRM)
January 4, 2024 Opinion or Order Filing 254 Order to Transport and Produce NDOC Inmate BILLY CEPERO #94730 for Federal Court Trial - IT IS THEREFORE ORDERED that the Warden of High Desert State Prison or the warden's designee must transport and produce, under safe and secure con duct, BILLY CEPERO, inmate #94730 to said courthouse for trial on Tuesday, January 23, 2024, at 9:00 a.m. and arrange for his court appearance on said date and each scheduled trial day thereafter until the trial is concluded or as otherwise ordered and directed by the court, upon which CEPERO will thereafter be returned to the custody of the warden. Signed by Judge Jennifer A. Dorsey on 1/4/2024. (Copies have been distributed pursuant to the NEF - DLS)
October 18, 2023 Opinion or Order Filing 253 ORDER granting 252 Stipulation. Jury Trial reset for 1/23/2024 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call reset for 1/8/2024 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Exhibit List due by 1/8/2024. Proposed Jury Instructions due by 1/8/2024. Proposed Voir Dire due by 1/8/2024. Trial Briefs due by 1/8/2024. Signed by Judge Jennifer A. Dorsey on 10/18/2023. (Copies have been distributed pursuant to the NEF - DC)
June 6, 2023 Opinion or Order Filing 246 ORDER granting 245 Stipulation to Continue Trial. Jury Trial reset for 11/14/2023 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call reset for 11/6/2023 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A . Dorsey. Exhibit List due by 11/6/2023. Proposed Jury Instructions due by 11/6/2023. Proposed Voir Dire due by 11/6/2023. Trial Briefs due by 11/6/2023. Signed by Judge Jennifer A. Dorsey on 6/6/2023. (Copies have been distributed pursuant to the NEF - DC)
April 14, 2023 Opinion or Order Filing 243 ORDER granting 242 Stipulation. Jury Trial reset for 6/27/2023 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call reset for 6/20/2023 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Exhibit List due by 6/20/2023. Proposed Jury Instructions due by 6/20/2023. Proposed Voir Dire due by 6/20/2023. Trial Briefs due by 6/20/2023. Signed by Judge Jennifer A. Dorsey on 4/14/2023. (Copies have been distributed pursuant to the NEF - DC)
February 7, 2023 Opinion or Order Filing 240 ORDER granting 239 Stipulation. Jury Trial reset for 5/9/2023 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call reset for 5/1/2023 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Exhibit List due by 5/1/2023. Proposed Jury Instructions due by 5/1/2023. Proposed Voir Dire due by 5/1/2023. Trial Briefs due by 5/1/2023. Signed by Judge Jennifer A. Dorsey on 2/7/2023. (Copies have been distributed pursuant to the NEF - DC)
October 5, 2022 Opinion or Order Filing 236 ORDER granting 235 Stipulation. Jury Trial reset for 2/28/2023 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call reset for 2/21/2023 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Exhibit List due by 2/21/2023. Proposed Jury Instructions due by 2/21/2023. Proposed Voir Dire due by 2/21/2023. Trial Briefs due by 2/21/2023. Signed by Judge Jennifer A. Dorsey on 10/5/2022. (Copies have been distributed pursuant to the NEF - DC)
September 27, 2022 Opinion or Order Filing 234 ORDER Granting 233 Stipulation for Exception to Settlement Conference Attendance Requirements. The settlement conference currently scheduled for 10/4/2022 is VACATED. Signed by Magistrate Judge Nancy J. Koppe on 9/27/2022. (Copies have been distributed pursuant to the NEF - TRW)
June 30, 2022 Opinion or Order Filing 227 ORDER granting 226 Stipulation. Jury Trial reset for 10/18/2022 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call reset for 10/11/2022 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Exhibit List due by 10/11/2022. Proposed Jury Instructions due by 10/11/2022. Proposed Voir Dire due by 10/11/2022. Trial Briefs due by 10/11/2022. Signed by Judge Jennifer A. Dorsey on 6/30/2022. (Copies have been distributed pursuant to the NEF - DC)
February 14, 2022 Opinion or Order Filing 213 ORDER granting in part 200 Motion in Limine; ORDER denying 201 Motion in Limine. Signed by Judge Jennifer A. Dorsey on 2/14/2022. (Copies have been distributed pursuant to the NEF - HAM)
January 12, 2022 Opinion or Order Filing 210 ORDER granting 202 Stipulation to Continue Trial. Jury Trial reset for 3/29/2022 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call reset for 3/21/2022 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dor sey. Exhibit List due by 3/21/2022. Proposed Jury Instructions due by 3/21/2022. Proposed Voir Dire due by 3/21/2022. Trial Briefs due by 3/21/2022. Signed by Judge Jennifer A. Dorsey on 1/12/2022. (Copies have been distributed pursuant to the NEF - DC)
April 21, 2021 Opinion or Order Filing 194 ORDER Granting 193 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 5/21/2021. Signed by Magistrate Judge Nancy J. Koppe on 4/21/2021. (Copies have been distributed pursuant to the NEF - JQC)
April 7, 2021 Opinion or Order Filing 192 ORDER Denying 188 Motion to Continue. Proposed Joint Pretrial Order due by 4/21/2021. Signed by Magistrate Judge Nancy J. Koppe on 4/7/2021. (Copies have been distributed pursuant to the NEF - JQC)
March 31, 2021 Opinion or Order Filing 184 ORDER TO PRODUCE. IT IS ORDERED that the Warden of High Desert State Prison, or his designee, shall arrange for and produce BILLY CEPERO, #94730, on or about Tuesday, 4/6/2021, at the hour of 9:30 a.m., for a videoconference hearing by Zoomgov technology in the instant matter. See Order for Details. Signed by Magistrate Judge Nancy J. Koppe on 3/31/2021. (Copies have been distributed pursuant to the NEF -cc: USM - JQC)
January 8, 2021 Opinion or Order Filing 183 ORDER Granting 182 Stipulation to Continue. The settlement conference is hereby SET for 9:30 a.m. on 4/6/2021. The settlement conference will be held remotely by video, with further instructions to be provided at a later date regarding the logistics for appearances. Signed by Magistrate Judge Nancy J. Koppe on 1/8/2021. (Copies have been distributed pursuant to the NEF - JQC)
December 14, 2020 Opinion or Order Filing 181 ORDER. IT IS ORDERED that the settlement conference is VACATED. Counsel must also meet and confer on new dates for the settlement conference and must file a stipulation with those dates by 1/7/2021. Signed by Magistrate Judge Nancy J. Koppe on 12/14/2020. (Copies have been distributed pursuant to the NEF - JQC)
November 2, 2020 Opinion or Order Filing 179 ORDER. IT IS ORDERED that Cepero's claims against Defendants Timothy Aiken and Mark Fowler are dismissed. This case proceeds on Cepero's excessive-force, assault, and battery claims against Defendant James Bonkavich only. Signed by Judge Jennifer A. Dorsey on 11/2/2020. (Copies have been distributed pursuant to the NEF - JQC)
October 21, 2020 Opinion or Order Filing 177 ORDER. IT IS ORDERED that 159 Defendants' motion for summary judgment is GRANTED IN PART AND DENIED IN PART: See Order for Details. IT IS FURTHER ORDERED that Cepero must SHOW CAUSE by 10/30/2020, why his claims against defendants Aiken an d Fowler should not be dismissed under FRCP 4(m). IT IS FURTHER ORDERED that this case is REFERRED to the magistrate judge for a MANDATORY SETTLEMENT CONFERENCE between the remaining parties. The parties' obligation to file their joint pretrial order is STAYED until 10 days after that settlement conference. Signed by Judge Jennifer A. Dorsey on 10/21/2020. (Copies have been distributed pursuant to the NEF - JQC)
March 12, 2020 Opinion or Order Filing 172 ORDER Granting 171 Stipulation for Extension of Time Re: 159 Motion for Summary Judgment. Replies due by 3/30/2020. Signed by Judge Jennifer A. Dorsey on 3/12/2020. (Copies have been distributed pursuant to the NEF - JQC)
January 30, 2020 Opinion or Order Filing 163 ORDER. IT IS ORDERED that 149 the plaintiff's objection to the magistrate judge's order denying 137 plaintiff's motion for a court-appointed expert is OVERRULED. IT IS FURTHER ORDERED that the plaintiff's objection to the magistrate judge's order denying 141 plaintiff's motion to strike is OVERRULED. Signed by Judge Jennifer A. Dorsey on 1/30/2020. (Copies have been distributed pursuant to the NEF - JQC)
June 26, 2019 Opinion or Order Filing 148 ORDER Denying 137 Motion to Appoint Expert and Denying 141 Motion to Strike. Signed by Magistrate Judge Nancy J. Koppe on 6/26/2019. (Copies have been distributed pursuant to the NEF - ADR)
May 20, 2019 Opinion or Order Filing 139 ORDER. IT IS ORDERED that this matter shall be returned to the Clerk of the Court for random reassignment to another Magistrate Judge. Signed by Magistrate Judge George Foley, Jr on 5/20/2019. (Copies have been distributed pursuant to the NEF - JQC)
January 8, 2019 Opinion or Order Filing 133 ORDER granting 132 Stipulation. Discovery due by 7/16/2019. Motions due by 8/15/2019. Proposed Joint Pretrial Order due by 9/16/2019. Signed by Magistrate Judge George Foley, Jr on 1/8/2019. (Copies have been distributed pursuant to the NEF - MMM)
October 31, 2018 Opinion or Order Filing 124 ORDER Adopting 122 Report and Recommendation; Cepero's request to allege claims against Doe Defendants I-XX is DENIED with prejudice because that amendment would be futile. Signed by Judge Jennifer A. Dorsey on 10/31/2018. (Copies have been distributed pursuant to the NEF - MMM)
October 16, 2018 Opinion or Order Filing 122 ORDER granting in part and denying in part 111 Plaintiff's Motion for Leave to File First Amended Complaint. RECOMMENDATION that Plaintiff's motion for leave to allege claims against Doe Defendants I-XX be denied because such an am endment would not relate back to the filing of the original complaint, and any claim against a named defendant substituted in place of a Doe Defendant, would be barred by the statute of limitations. Objections to R&R due by 10/30/2018. Signed by Magistrate Judge George Foley, Jr on 10/16/2018. (Copies have been distributed pursuant to the NEF - MMM)
August 23, 2018 Opinion or Order Filing 120 ORDER granting 119 Stipulation re Discovery. Discovery due by 4/17/2019. Motions due by 5/17/2019. Proposed Joint Pretrial Order due by 6/17/2019. Signed by Magistrate Judge George Foley, Jr on 8/23/2018. (Copies have been distributed pursuant to the NEF - MMM)
May 4, 2017 Opinion or Order Filing 90 ORDER that 88 Motion for Referral to the Pro Bono Lawyer Program is denied without prejudice. Signed by Magistrate Judge George Foley, Jr on 5/4/17. (Copies have been distributed pursuant to the NEF - MMM)
February 23, 2015 Opinion or Order Filing 81 ORDER that 74 Motion for Relief from Judgment is DENIED; that 76 Motion to Stay Appeal is DENIED; and that 80 Motion to Request the Court for Copies of Documents is DENIED. Signed by Judge Jennifer A. Dorsey on 2/23/15. (Copies have been distributed pursuant to the NEF - MMM)
December 15, 2014 Opinion or Order Filing 71 ORDER that 67 Motion for Reconsideration is DENIED. Signed by Judge Jennifer A. Dorsey on 12/15/14. (Copies have been distributed pursuant to the NEF - MMM)
February 21, 2014 Opinion or Order Filing 65 ORDER that 36 Motion to Dismiss is GRANTED; all of Plaintiff's claims are time-barred and therefore DISMISSED WITH PREJUDICE. FURTHER ORDERED that 59 Motion for Copy of Docket Sheet or, in the Alternative, for Status Check of Case Activity is GRANTED in part and DENIED in part. Signed by Judge Jennifer A. Dorsey on 2/21/14. (Copies have been distributed pursuant to the NEF - MMM).
August 21, 2012 Opinion or Order Filing 57 ORDER Denying 53 Plaintiff's Motion to Introduce Letters of Declaration and Exhibits and Granting 54 Defendant's Motion to Stay. Discovery in this matter shall be STAYED pending decision of 36 Defendants' Motion to Dismiss. Signed by Magistrate Judge George Foley, Jr on 08/21/2012. (Copies have been distributed pursuant to the NEF - AC)
July 23, 2012 Opinion or Order Filing 51 ORDER Denying 49 Motion for Free Copies of the Docket Sheet and Plaintiff's Letters and Denying 50 Motion to Enlargement of Time to File Reply to Defendants' Opposition to Motion for Appointment of Counsel. Signed by Magistrate Judge George Foley, Jr on 07/23/2012. (Copies have been distributed pursuant to the NEF - AC)
July 13, 2012 Opinion or Order Filing 48 ORDER Denying 34 Motion to Provide More Legal Copies at NDOC's Expense. Signed by Magistrate Judge George Foley, Jr on 07/13/2012. (Copies have been distributed pursuant to the NEF - AC)
March 29, 2012 Opinion or Order Filing 31 ORDER for the Issuance of Summons. Clerk shall issue summons and deliver same to USM. 21 USM-285 forms to Plaintiff. Signed by Magistrate Judge George Foley, Jr on 3/29/12. (Copies have been distributed pursuant to the NEF - ASB)
March 6, 2012 Opinion or Order Filing 28 ORDER. Clerk shall file the complaint and serve it upon Respondents electronically. 25 Motion to Appoint Counsel is denied. Notice of Acceptance of Service due by 3/27/2012. Signed by Magistrate Judge George Foley, Jr on 3/6/12. (Copies have been distributed pursuant to the NEF - ASB)
January 25, 2012 Opinion or Order Filing 24 ORDER Granting 22 Motion to Extend Time to File Amended Complaint and Denying 23 Motion for Request Copy of Amended Submitted Motion. Amended Complaint deadline: 2/24/2012. Signed by Magistrate Judge George Foley, Jr on 1/25/12. (Copies have been distributed pursuant to the NEF - ASB)
January 12, 2012 Opinion or Order Filing 21 ORDER Denying as Moot 18 Motion to Amend Counts 3 & 4. Amended Complaint deadline: 2/10/2012. Signed by Magistrate Judge George Foley, Jr on 1/12/12. (Copies have been distributed pursuant to the NEF - ASB)
December 19, 2011 Opinion or Order Filing 19 ORDER that Magistrate Judge George Foley, Jr.s Report and Recommendation 9 is ACCEPTED. Count IV is dismissed with prejudice because it fails to state a claim upon which relief may be granted. Signed by Judge Gloria M. Navarro on 12/19/11. (Copies have been distributed pursuant to the NEF - ECS)
December 5, 2011 Opinion or Order Filing 14 ORDER Granting 13 Motion to Receive Free Copies. Copy of Complaint mailed to Plaintiff. Signed by Magistrate Judge George Foley, Jr on 12/2/11. (Copies have been distributed pursuant to the NEF - ASB)
September 9, 2011 Opinion or Order Filing 3 ORDER that Plaintiffs Application to Proceed In Forma Pauperis 1 is denied without prejudice. The Clerk of the Court shall send Plaintiff an Application to Proceed In Forma Pauperis (Prisoner), and an Application to Proceed In Forma Pauperis Instr uctions. The Clerk of the Court shall also send a copy of this Order to the attention of the inmate accounts department of the High Desert State Prison. Plaintiff shall have thirty (30) days from the date this Order is entered in which to send a comp leted Application to Proceed In Forma Pauperis and IFP Motion Financial Certificate. Failure to do so may result in dismissal of this action. Signed by Magistrate Judge George Foley, Jr on 9/9/11. (Copies have been distributed pursuant to the NEF - ECS)
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Search for this case: Cepero v. Gillespie et al
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Defendant: Detective T. Aiken
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Defendant: Officer J. Bonkavich
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Defendant: Bill Cassell
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Defendant: Detective T. Cord
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Defendant: Detective S. Devore
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Defendant: Detective T. Faller
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Defendant: Detective L. Ferron
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Defendant: Lieutenant D. Flynn
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Defendant: M. Fowler
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Defendant: Douglas Gillespie
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Defendant: Detective R. Hard
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Defendant: Detective R. Kegley
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Defendant: Sergeant C. Leveque
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Defendant: Detective C. Lilienthal
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Defendant: W. Marx
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Defendant: Detective E. Morgan
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Defendant: Detective C. Neri
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Defendant: Detective R. Neslund
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Defendant: Detective T. Radke
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Defendant: Detective G. Theobald
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Defendant: Detective S. Thomas
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Plaintiff: Billy Cepero
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