Osborne et al v. Pershing County et al
Plaintiff: Fredrick Waid, Jessica Sueann Gutierre Osborne and Jack Gutierrez Harry
Defendant: Phillip Dickerman, Pershing County and Jerry Allen
Nominal Defendant: Deana Marie Harry
Case Number: 3:2021cv00231
Filed: May 17, 2021
Court: US District Court for the District of Nevada
Presiding Judge: William G Cobb
Referring Judge: Howard D McKibben
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 15, 2021 Opinion or Order Filing 13 ORDER granting ECF No. #12 Plaintiffs' Motion for Leave to Serve by Publication or Alternate Means on Nominal Defendant Deana Marie Harry. Plaintiffs may serve Nominal Defendant Deana Marie Harry via publication in the Albuquerque Journal or Health City Sun, publications for general circulation in Bernalillo County, New Mexico at least once a week for four (4) consecutive weeks. Signed by Magistrate Judge William G. Cobb on 7/15/2021.(Copies have been distributed pursuant to the NEF - SC)
July 14, 2021 Opinion or Order Filing 12 MOTION for Service by Publication on Nominal Defendant Deana Marie Harry; Declaration of Peter Goldstein in Support of Motion re #1 Complaint,,, #3 Summons Issued by Plaintiffs Jessica Sueann Gutierre Osborne, Fredrick Waid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order) (Goldstein, Peter)
June 21, 2021 Opinion or Order Filing 11 WAIVER OF SERVICE Returned Executed by Jessica Sueann Gutierre Osborne, Fredrick Waid re #3 Summons Issued. Pershing County waiver sent on 6/17/2021, answer due 8/16/2021. (Goldstein, Peter)
June 17, 2021 Opinion or Order Filing 10 Summons Issued as to Deana Marie Harry re ECF No. #1 Complaint. (SC)
June 16, 2021 Opinion or Order Filing 9 PROPOSED SUMMONS to be issued for Deana Marie Harry by Plaintiffs Jessica Sueann Gutierre Osborne, Fredrick Waid. (Goldstein, Peter)
June 4, 2021 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by Jessica Sueann Gutierre Osborne, Fredrick Waid re #3 Summons Issued. Jerry Allen waiver sent on 6/3/2021, answer due 8/2/2021. (Goldstein, Peter)
June 4, 2021 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by Jessica Sueann Gutierre Osborne, Fredrick Waid re #3 Summons Issued. Phillip Dickerman waiver sent on 6/3/2021, answer due 8/2/2021. (Goldstein, Peter)
May 20, 2021 Opinion or Order Filing 6 NOTICE of Docket Correction to Assign Judges in Civil Case : VPC was assigned in error. Honorable William G. Cobb was originally assigned as and is the Magistrate Judge for this case. (no image attached) (WJ)
May 20, 2021 Opinion or Order Case randomly assigned to District Judge Howard D. McKibben and Magistrate Judge Valerie P. Cooke. (WJ)
May 19, 2021 Opinion or Order Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 5/19/2021 re: #4 Motion to Transfer Action.Presently before the Court is Plaintiffs' Motion to Transfer This Action from this District's Southern Division (Las Vegas) to its Northern Division (Reno). (ECF No. 4). Plaintiffs aver they mistakenly filed this action in the southern division based on a clerical error made during the electronic filing process. Under Local Rule IA 1-8(a), civil actions must be filed in the clerk's office for the unofficial division of the court in which the action allegedly arose. Based upon the complaint and instant motion, the proper place of filing is the northern division. Is it therefore ordered that Plaintiffs' motion (ECF No. 4) is GRANTED. The clerk shall reassign this case to a Reno judge. (Copies have been distributed pursuant to the NEF - NEV)
May 18, 2021 Opinion or Order Filing 4 MOTION to Transfer Action from Southern Division (Las Vegas) to Northern Division (Reno) Based on Clerical Error Made During the Electronic Filing Process Responses due by 6/1/2021. (Attachments: #1 Proposed Order) (Goldstein, Peter) Modified on 5/18/2021 (EDS).
May 17, 2021 Opinion or Order Filing 3 Summons Issued as to Sheriff Jerry Allen, Deputy Phillip Dickerman, Deana Marie Harry, Pershing County re #1 Complaint. (HAM)
May 17, 2021 Opinion or Order Filing 2 CERTIFICATE of Interested Parties by Jessica Sueann Gutierre Osborne, Fredrick Waid. There are no known interested parties other than those participating in the case (Goldstein, Peter)
May 17, 2021 Opinion or Order Filing 1 COMPLAINT against Sheriff Jerry Allen, DOES 1-10, inclusive, Deputy Phillip Dickerman, Deana Marie Harry, Pershing County (Filing fee $402 receipt number 0978-6489737) by Jessica Sueann Gutierre Osborne, Fredrick Waid. Proof of service due by 8/15/2021. (Attachments: #1 Exhibit A - Redacted Death Certificate, #2 Exhibit B - Order Appointing Special Administrator, #3 Exhibit C - Pershing County's Official Statement, #4 Civil Cover Sheet, #5 Summons for Pershing County, #6 Summons for Deputy Phillip Dickerman, #7 Summons for Sheriff Jerry Allen, #8 Summons for Deana Marie Harry, nominal defendant) (Goldstein, Peter) 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.
May 17, 2021 Opinion or Order Case randomly assigned to Judge James C. Mahan and Magistrate Judge Cam Ferenbach. (HAM)

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Plaintiff: Fredrick Waid
Represented By: Peter Goldstein
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Plaintiff: Jessica Sueann Gutierre Osborne
Represented By: Peter Goldstein
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Plaintiff: Jack Gutierrez Harry
Represented By: Peter Goldstein
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Defendant: Phillip Dickerman
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Defendant: Pershing County
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Defendant: Jerry Allen
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Nominal defendant: Deana Marie Harry
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