LaPena v. Las Vegas Metropolitan Police Department et al

Justia Dockets & Filings Ninth Circuit Nevada District Court LaPena v. Las Vegas Metropolitan Police Department et al

LaPena v. Las Vegas Metropolitan Police Department et al

Plaintiff:	Frank LaPena
Defendant:	Las Vegas Metropolitan Police Department, Charles Lee, Beecher Avants, Michele Whitney, O.R. Lyons, Jerry Keller, Clark County District Attorney's Office, David Schwartz, Melvyn Harmon, Clark Peterson, Pamela Weckerly, Marc Digiacomo, Bob Miller, Stewart Bell, David Roger, Steve Wolfson, Clark County, Estate of Charles Lee, Estate of Beecher Avants and Estate of Melvyn Harmon
Case Number:	2:2021cv02170
Filed:	December 9, 2021
Court:	US District Court for the District of Nevada
Presiding Judge:	Nancy J Koppe
Referring Judge:	James C Mahan
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 4, 2022	Filing 67 ORDER. The parties are hereby ORDERED to file, no later than 2/11/2022, a joint proposed discovery plan. Signed by Magistrate Judge Nancy J. Koppe on 2/4/2022. (Copies have been distributed pursuant to the NEF - KF)
February 3, 2022	Filing 66 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on February 3, 2022.On January 31, 2022, the court granted the parties' stipulation to withdraw #21 Motion to Dismiss and render it moot. (ECF No. #58 ). Accordingly, IT IS HEREBY ORDERED that the #40 Unopposed motion to extend time re: #21 Motion to dismiss is also DENIED as moot. (no image attached) (Copies have been distributed pursuant to the NEF - ADR)
February 1, 2022	Filing 65 Second MOTION to Dismiss by Defendants Jerry Keller, Las Vegas Metropolitan Police Department, Michele Whitney. Responses due by 2/15/2022. (Anderson, Craig)
February 1, 2022	Filing 64 ANSWER to #24 Amended Complaint,, filed by Jerry Keller, Las Vegas Metropolitan Police Department, Michele Whitney.(Anderson, Craig)
January 31, 2022	Filing 63 SUMMONS ISSUED as to Estate of Beecher Avants, Estate of Charles Lee, Estate of Melvyn Harmon, O.R. Lyons re #24 Amended Complaint. (Attachments: #1 Summons, #2 Summons, #3 Summons) (KF)
January 31, 2022	Filing 62 PROPOSED SUMMONS to be issued to Estate of Beecher Avants by Plaintiff Frank LaPena. (Rasmussen, Lisa)
January 31, 2022	Filing 61 PROPOSED SUMMONS to be issued to Estate of Melvyn Harmon by Plaintiff Frank LaPena. (Rasmussen, Lisa)
January 31, 2022	Filing 60 PROPOSED SUMMONS to be issued to Defendant Estate of Charles Lee by Plaintiff Frank LaPena. (Rasmussen, Lisa)
January 31, 2022	Filing 59 PROPOSED SUMMONS to be issued to Defendant O.R. "Ray" Lyons by Plaintiff Frank LaPena. (Rasmussen, Lisa)
January 31, 2022	Filing 58 ORDER granting #47 Stipulation - #8 Motion for Partial Summary Judgment; and #21 Motion to Dismiss are MOOT. Clark County Defendants and LVMPD Defendants have until 2/1/2022 to respond to #24 Amended Complaint. Signed by Judge James C. Mahan on 1/31/2022. (Copies have been distributed pursuant to the NEF - DRS)
January 28, 2022	Filing 57 SUGGESTION OF DEATH Upon the Record as to Charles Lee by Plaintiff Frank LaPena. (Attachments: #1 Exhibit A - Obituary - Charles Lee, #2 Exhibit B - Declaration of Due Diligence Re: Charles Lee) (Rasmussen, Lisa)
January 28, 2022	Filing 56 SUGGESTION OF DEATH Upon the Record as to Melvyn Harmon by Plaintiff Frank LaPena. (Attachments: #1 Exhibit A - Obituary - Melvyn Harmon, #2 Exhibit B - Declaration of Due Diligence Re: Melvyn Harmon) (Rasmussen, Lisa)
January 28, 2022	Filing 55 SUGGESTION OF DEATH Upon the Record as to Beecher Avants by Plaintiff Frank LaPena. (Attachments: #1 Exhibit A - Obituary - Beecher Avants, #2 Exhibit B - Declaration of Due Diligence Re: Beecher Avants) (Rasmussen, Lisa)
January 28, 2022	Filing 54 SUMMONS Returned Executed by Frank LaPena. Clark Peterson served on 12/14/2021. (Rasmussen, Lisa)
January 28, 2022	Filing 53 SUMMONS Returned Executed by Frank LaPena. Bob Miller served on 1/1/2022. (Rasmussen, Lisa)
January 28, 2022	Filing 52 SUMMONS Returned Executed by Frank LaPena. Clark County served on 11/29/2021. (Rasmussen, Lisa)
January 28, 2022	Filing 51 NOTICE of Docket Correction to ECF #49 . The Court has corrected and changed the event from Motion to Dismiss to Motion for Partial Judgment. No further action is required. Do not refile document. (no image attached) (MR)
January 28, 2022	Filing 50 MOTION to Strike #36 Exhibit, #34 Exhibit, #38 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #24 Amended Complaint,, #32 Exhibit, #29 Exhibit, #33 Exhibit, #30 Exhibit, #28 Exhibit, #35 Exhibit, #31 Exhibit, #37 Exhibit, #39 Exhibit, by Defendants Stewart Bell, Clark County, Marc Digiacomo, Bob Miller, Clark Peterson, David Roger, David Schwartz, Pamela Weckerly, Steve Wolfson. Responses due by 2/11/2022. (Dillard, Thomas)
January 28, 2022	Filing 49 MOTION for Partial Judgment to Dismiss by Defendants Stewart Bell, Clark County, Marc Digiacomo, Bob Miller, Clark Peterson, David Roger, David Schwartz, Pamela Weckerly, Steve Wolfson. Responses due by 2/11/2022. (Dillard, Thomas) Modified event on 1/28/2022 (MR).
January 28, 2022	Filing 48 ANSWER to #24 Amended Complaint,, with Jury Demand filed by Stewart Bell, Clark County, Marc Digiacomo, Bob Miller, Clark Peterson, David Roger, David Schwartz, Pamela Weckerly, Steve Wolfson.(Dillard, Thomas)
January 18, 2022	Filing 47 STIPULATION AND ORDER TO WITHDRAW MOTIONS re #8 Motion for Partial Summary Judgment, #21 Motion to Dismiss by Defendant Las Vegas Metropolitan Police Department. (Anderson, Craig)
January 10, 2022	Filing 46 ORDER Granting #43 Unopposed Motion to Extend Time (First Request) re #8 Motion for Partial Judgment. Responses due by 1/27/2022. Signed by Judge James C. Mahan on 1/10/2022. (Copies have been distributed pursuant to the NEF - YAW)
January 7, 2022	Filing 45 NOTICE of Corrected Image/Document re #43 Motion to Extend/Shorten Time by Plaintiff Frank LaPena. (Service of corrected image is attached.) (Rasmussen, Lisa)
January 7, 2022	Filing 44 CLERK'S NOTICE. Attorney Action Required to ECF No. #43 . ERROR: Document does not comply with Local Rule IA 6-2. Counsel is advised to correct the deficiency and file a Notice of Corrected Image/Document and link to #43 . (no image attached) (MR)
January 6, 2022	Filing 43 View Corrected Image #45 as to Unopposed MOTION to Extend Time (First Request) re #8 Motion for Partial Summary Judgment, by Plaintiff Frank LaPena. (Rasmussen, Lisa)
January 6, 2022	Filing 42 NOTICE of Corrected Image/Document re #40 Motion to Extend/Shorten Time by Plaintiff Frank LaPena. (Service of corrected image is attached.) (Rasmussen, Lisa)
January 6, 2022	Filing 41 CLERK'S NOTICE. Attorney Action Required to ECF No. #40 . ERROR: Document does not comply with Local Rule IA 6-2 as it does not contain a signature block for the Judge. Counsel is advised to correct the deficiency and file a Notice of Corrected Image/Document and link to #40 . (no image attached) (MR)
January 5, 2022	Filing 40 View Corrected Image #42 as to Unopposed MOTION to Extend Time (First Request) re #21 Motion to Dismiss by Plaintiff Frank LaPena. (Rasmussen, Lisa)
January 5, 2022	Filing 39 EXHIBIT 151 through 164 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 151, #2 Exhibit 152, #3 Exhibit 153, #4 Exhibit 154, #5 Exhibit 155, #6 Exhibit 156, #7 Exhibit 157, #8 Exhibit 158, #9 Exhibit 159, #10 Exhibit 160, #11 Exhibit 161, #12 Exhibit 162, #13 Exhibit 163, #14 Exhibit 164) (Rasmussen, Lisa)
January 5, 2022	Filing 38 EXHIBIT 141 through 150 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 141, #2 Exhibit 142, #3 Exhibit 143, #4 Exhibit 144, #5 Exhibit 145, #6 Exhibit 146, #7 Exhibit 147, #8 Exhibit 148, #9 Exhibit 149, #10 Exhibit 150) (Rasmussen, Lisa)
January 5, 2022	Filing 37 EXHIBIT 131 through 140 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 131, #2 Exhibit 132, #3 Exhibit 133, #4 Exhibit 134, #5 Exhibit 135, #6 Exhibit 136, #7 Exhibit 137, #8 Exhibit 138, #9 Exhibit 139, #10 Exhibit 140) (Rasmussen, Lisa)
January 5, 2022	Filing 36 EXHIBIT 121 through 130 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 121, #2 Exhibit 122, #3 Exhibit 123, #4 Exhibit 124, #5 Exhibit 125, #6 Exhibit 126, #7 Exhibit 127, #8 Exhibit 128, #9 Exhibit 129, #10 Exhibit 130) (Rasmussen, Lisa)
January 5, 2022	Filing 35 EXHIBIT 111 through 120 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 111, #2 Exhibit 112, #3 Exhibit 113, #4 Exhibit 114, #5 Exhibit 115, #6 Exhibit 116, #7 Exhibit 117, #8 Exhibit 118, #9 Exhibit 119, #10 Exhibit 120) (Rasmussen, Lisa)
January 5, 2022	Filing 34 EXHIBIT 101 through 110 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 101, #2 Exhibit 102, #3 Exhibit 103, #4 Exhibit 104, #5 Exhibit 105, #6 Exhibit 106, #7 Exhibit 107, #8 Exhibit 108, #9 Exhibit 109, #10 Exhibit 110) (Rasmussen, Lisa)
January 5, 2022	Filing 33 EXHIBIT 91 through 100 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 91, #2 Exhibit 92, #3 Exhibit 93, #4 Exhibit 94, #5 Exhibit 95, #6 Exhibit 96, #7 Exhibit 97, #8 Exhibit 98, #9 Exhibit 99, #10 Exhibit 100) (Rasmussen, Lisa)
January 5, 2022	Filing 32 EXHIBIT 81 through 90 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 81, #2 Exhibit 82, #3 Exhibit 83, #4 Exhibit 84, #5 Exhibit 85, #6 Exhibit 86, #7 Exhibit 87, #8 Exhibit 88, #9 Exhibit 89, #10 Exhibit 90) (Rasmussen, Lisa)
January 5, 2022	Filing 31 EXHIBIT 71 through 80 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 71, #2 Exhibit 72, #3 Exhibit 73, #4 Exhibit 74, #5 Exhibit 75, #6 Exhibit 76, #7 Exhibit 77, #8 Exhibit 78, #9 Exhibit 79, #10 Exhibit 80) (Rasmussen, Lisa)
January 5, 2022	Filing 30 EXHIBIT 61 through 70 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 61, #2 Exhibit 62, #3 Exhibit 63, #4 Exhibit 64, #5 Exhibit 65, #6 Exhibit 66, #7 Exhibit 67, #8 Exhibit 68, #9 Exhibit 69, #10 Exhibit 70) (Rasmussen, Lisa)
January 5, 2022	Filing 29 EXHIBIT 51 THROUGH 60 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 55, #6 Exhibit 56, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59, #10 Exhibit 60) (Rasmussen, Lisa)
January 5, 2022	Filing 28 EXHIBIT 41 THROUGH 50 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 41, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44, #5 Exhibit 45, #6 Exhibit 46, #7 Exhibit 47, #8 Exhibit 48, #9 Exhibit 49, #10 Exhibit 50) (Rasmussen, Lisa)
January 5, 2022	Filing 27 EXHIBIT 31 THROUGH 40 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 37, #8 Exhibit 38, #9 Exhibit 39, #10 Exhibit 40) (Rasmussen, Lisa)
January 5, 2022	Filing 26 EXHIBIT 21 THROUGH 30 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30) (Rasmussen, Lisa)
January 5, 2022	Filing 25 EXHIBIT 11 THROUGH 20 to #24 Amended Complaint,, by Plaintiff Frank LaPena. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20) (Rasmussen, Lisa) Modified text on 1/6/2022 (MR).
January 5, 2022	Filing 24 AMENDED COMPLAINT with Jury Demand against Beecher Avants, Stewart Bell, Clark County, Marc Digiacomo, Estate of Beecher Avants, Estate of Charles Lee, Estate of Melvyn Harmon, Melvyn Harmon, Jerry Keller, Las Vegas Metropolitan Police Department, Charles Lee, O.R. Lyons, Bob Miller, Clark Peterson, David Roger, David Schwartz, Pamela Weckerly, Michele Whitney, Steve Wolfson by Frank LaPena. Removes parties. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Rasmussen, Lisa)
January 3, 2022	Filing 23 JOINDER to #8 Motion for Partial Summary Judgment, by Defendant Bob Miller. (Dillard, Thomas)
January 3, 2022	Filing 22 NOTICE of Consent for Removal to Federal Court by Bob Miller re #1 Petition for Removal,, #5 Notice (Other). (Dillard, Thomas)
December 22, 2021	Filing 21 MOTION to Dismiss by Defendants Jerry Keller, Las Vegas Metropolitan Police Department, Michele Whitney. Responses due by 1/5/2022. (Anderson, Craig)
December 22, 2021	Filing 20 ANSWER re #1 Petition for Removal,, filed by Jerry Keller, Las Vegas Metropolitan Police Department, Michele Whitney.(Anderson, Craig)
December 21, 2021	Filing 19 STATEMENT REGARDING REMOVAL by Defendants Jerry Keller, Las Vegas Metropolitan Police Department, Michele Whitney. (Anderson, Craig)
December 20, 2021	Filing 18 SUMMONS Returned Executed by Frank LaPena. Steve Wolfson served on 11/29/2021. (Rasmussen, Lisa)
December 20, 2021	Filing 17 SUMMONS Returned Executed by Frank LaPena. Michele Whitney served on 12/2/2021. (Rasmussen, Lisa)
December 20, 2021	Filing 16 SUMMONS Returned Executed by Frank LaPena. Pamela Weckerly served on 11/29/2021. (Rasmussen, Lisa)
December 20, 2021	Filing 15 SUMMONS Returned Executed by Frank LaPena. David Schwartz served on 12/8/2021. (Rasmussen, Lisa)
December 20, 2021	Filing 14 SUMMONS Returned Executed by Frank LaPena. David Roger served on 11/29/2021. (Rasmussen, Lisa)
December 20, 2021	Filing 13 SUMMONS Returned Executed by Frank LaPena. Las Vegas Metropolitan Police Department served on 12/8/2021. (Rasmussen, Lisa)
December 20, 2021	Filing 12 SUMMONS Returned Executed by Frank LaPena. Jerry Keller served on 11/30/2021. (Rasmussen, Lisa)
December 20, 2021	Filing 11 SUMMONS Returned Executed by Frank LaPena. Marc Digiacomo served on 11/29/2021. (Rasmussen, Lisa)
December 20, 2021	Filing 10 SUMMONS Returned Executed by Frank LaPena. Clark County District Attorney's Office served on 11/29/2021. (Rasmussen, Lisa)
December 20, 2021	Filing 9 SUMMONS Returned Executed by Frank LaPena. Stewart Bell served on 11/30/2021. (Rasmussen, Lisa)
December 16, 2021	Filing 8 MOTION for Partial Summary Judgment on the Pleadings by Defendants Stewart Bell, Clark County, Clark County District Attorney's Office, Marc Digiacomo, Clark Peterson, David Roger, David Schwartz, Pamela Weckerly, Steve Wolfson. Responses due by 1/6/2022. (Dillard, Thomas)
December 16, 2021	Filing 7 CERTIFICATE of Interested Parties by Stewart Bell, Clark County, Clark County District Attorney's Office, Marc Digiacomo, Clark Peterson, David Roger, David Schwartz, Pamela Weckerly, Steve Wolfson. There are no known interested parties other than those participating in the case (Dillard, Thomas)
December 16, 2021	Filing 6 Defendants ANSWER with Jury Demand re #1 Petition for Removal,, filed by Stewart Bell, Clark County, Clark County District Attorney's Office, Marc Digiacomo, Clark Peterson, David Roger, David Schwartz, Pamela Weckerly, Steve Wolfson. Discovery Plan/Scheduling Order due by 1/30/2022.(Dillard, Thomas) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
December 14, 2021	Filing 5 NOTICE of Consent for Removal to Federal Court by Stewart Bell, Clark County, Clark County District Attorney's Office, Marc Digiacomo, Clark Peterson, David Roger, David Schwartz, Pamela Weckerly, Steve Wolfson. (Dillard, Thomas)
December 9, 2021	Filing 4 CERTIFICATE OF SERVICE for #3 Minute Order Removal Case, by Defendant Las Vegas Metropolitan Police Department. (Anderson, Craig)
December 9, 2021	Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 12/9/2021. By Deputy Clerk: Kelly Ferris. Statement regarding removed action is due by 12/24/2021. Joint Status Report regarding removed action is due by 1/8/2022. (Copies have been distributed pursuant to the NEF - KF)
December 9, 2021	Filing 2 CERTIFICATE of Interested Parties by Jerry Keller, Las Vegas Metropolitan Police Department, Michele Whitney. There are no known interested parties other than those participating in the case (Anderson, Craig)
December 9, 2021	Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-21-843573-C, (Filing fee $ 402 receipt number 0978-6726380) by Jerry Keller, Las Vegas Metropolitan Police Department, Michele Whitney. Proof of service due by 1/31/2022. (Attachments: #1 Civil Cover Sheet) (Anderson, Craig) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
December 9, 2021	Case randomly assigned to Judge James C. Mahan and Magistrate Judge Nancy J. Koppe. (KF)

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Search for this case: LaPena v. Las Vegas Metropolitan Police Department et al
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Plaintiff: Frank LaPena
Represented By:	Kristina Wildeveld
Represented By:	Lisa A Rasmussen
Represented By:	Richard Bryant
Represented By:	Richard Lafayette Bryant
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Defendant: Las Vegas Metropolitan Police Department
Represented By:	Craig R. Anderson
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Defendant: Charles Lee
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Defendant: Beecher Avants
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Defendant: Michele Whitney
Represented By:	Craig R. Anderson
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Defendant: O.R. Lyons
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Defendant: Jerry Keller
Represented By:	Craig R. Anderson
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Defendant: Clark County District Attorney's Office
Represented By:	Thomas D Dillard
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Defendant: David Schwartz
Represented By:	Thomas D Dillard
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Defendant: Melvyn Harmon
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Defendant: Clark Peterson
Represented By:	Thomas D Dillard
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Defendant: Pamela Weckerly
Represented By:	Thomas D Dillard
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Defendant: Marc Digiacomo
Represented By:	Thomas D Dillard
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Defendant: Bob Miller
Represented By:	Thomas D Dillard
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Defendant: Stewart Bell
Represented By:	Thomas D Dillard
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Defendant: David Roger
Represented By:	Thomas D Dillard
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Defendant: Steve Wolfson
Represented By:	Thomas D Dillard
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Defendant: Clark County
Represented By:	Thomas D Dillard
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Defendant: Estate of Charles Lee
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Defendant: Estate of Beecher Avants
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Defendant: Estate of Melvyn Harmon
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