Cervantes v. Las Vegas Metropolitan Police Department Detention Service Division et al
Plaintiff: Luis Cervantes
Defendant: Clark County Detention Center, Las Vegas Metropolitan Police Department Detention Service Division and Naphcare
Case Number: 2:2017cv00562
Filed: February 21, 2017
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Miranda M. Du
Presiding Judge: Carl W. Hoffman
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
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
May 1, 2023 Opinion or Order Filing 170 ORDER Granting 168 Defendant's Motion to Dismiss. Is it further ordered that this action is dismissed without prejudice. The Clerk of Court is directed to enter Judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 5/1/2023. (Copies have been distributed pursuant to the NEF - ALZ)
February 23, 2023 Opinion or Order Filing 167 ORDER GRANTING ECF No. 165 Motion to Withdraw as Attorney : Attorney Trevor J. Hatfield withdrawn from the case for Plaintiff. Clerk's Office is INSTRUCTED to update P's address as specified herein, and to mail, and emai l this order to Plaintiff. (Mailed 2/23/2023; ad hoc email 2/23/2023.) Plaintiff is ORDERED to file a notice no later than March 27, 2023 stating whether he has retained new counsel or intends to proceed pro se. Signed by Magistrate Judge Nancy J. Koppe on 2/23/2023. (Copies have been distributed pursuant to the NEF - DRM)
January 18, 2023 Opinion or Order Filing 164 ORDER granting 163 Stipulation to continue trial. The Calendar Call set for 2/21/2023 at 1:00 PM is reset to 6/20/2023 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du. The hearing will be telephonic. Counsel must call 1-888 -251-2909, at least 10 minutes prior to the hearing. The code is 3803398 and the pass code is 062023. The use of cell phones and/or speaker phones is prohibited. The Jury Trial set for 2/27/2023 at 9:00 AM is reset to 6/27/2023 at 09:00 AM in a LV Courtroom to be determined before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 1/18/2023. (Copies have been distributed pursuant to the NEF - PAV)
July 15, 2022 Opinion or Order Filing 161 ORDER granting 160 Stipulation to continue trial and calendar call. The Calendar Call set for 8/15/2022 at 1:00 PM is reset to 2/21/2023 at 01:00 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du, to be heard by telephone conference. T he Jury Trial set for 8/22/2022 at 9:00 AM is reset to 2/27/2023 at 09:00 AM in a Las Vegas Courtroom to be determined before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 7/14/2022. (Copies have been distributed pursuant to the NEF - PAV)
December 20, 2021 Opinion or Order Filing 158 ORDER granting ECF No. 156 Stipulation to Continue Jury Trial : Calendar Call continued to 8/15/2022 at 1:00 PM before Chief Judge Miranda M. Du. Jury Trial continued to 8/22/2022 at 9:00 AM before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 12/20/2021. (Copies have been distributed pursuant to the NEF - DRM)
September 15, 2021 Opinion or Order Filing 150 ORDER granting ECF No. 149 Stipulation Vacating Settlement Conference Scheduled for September 22, 2021. Signed by Magistrate Judge Daniel J. Albregts on 9/15/2021. (Copies have been distributed pursuant to the NEF - DRM)
June 11, 2021 Opinion or Order Filing 137 ORDER granting ECF No. 136 Stipulation. The LVMPD Defendants' Reply in Support of the Motion for Reconsideration (ECF No. 122 ) is due by June 25, 2021. Signed by Chief Judge Miranda M. Du on 6/11/2021. (Copies have been distributed pursuant to the NEF - AB)
May 5, 2021 Opinion or Order Filing 134 ORDER granting ECF No. 133 Stipulation to Extend Time (Second Request). Plaintiff shall have up to and including June 4, 2021, to respond to LVMPD Defendants' Motion for Reconsideration (ECF No. 122 ) of the Court's Order Denying Summary Judgment (ECF No. 117 ). Signed by Chief Judge Miranda M. Du on 5/5/2021. (Copies have been distributed pursuant to the NEF - SC)
April 28, 2021 Opinion or Order Filing 132 ORDER granting ECF No. 131 Stipulation. The deadline for filing a Joint Pretrial Order is stayed until thirty (30) days after this Court's ruling on the Motion for Reconsideration (ECF No. 122 ). Signed by Chief Judge Miranda M. Du on 4/28/2021. (Copies have been distributed pursuant to the NEF - AB)
April 21, 2021 Opinion or Order Filing 130 ORDER granting ECF No. 127 Stipulation. Plaintiff's claims against Defendant Allan Kirkwood, D.D.S. in this matter are hereby dismissed with prejudice, each party to bear its own costs and attorneys fees. Signed by Chief Judge Miranda M. Du on 4/21/2021. Allan Kirkwood, D.D.S. is terminated from the ECF Service List. (Copies have been distributed pursuant to the NEF - SC)
April 7, 2021 Opinion or Order Filing 124 ORDER granting ECF No. 123 Stipulation. Plaintiff shall have up to and including May 5, 2021, to respond to the Motion for Reconsideration (ECF No. 122 ). Signed by Chief Judge Miranda M. Du on 4/7/2021. (Copies have been distributed pursuant to the NEF - AB)
February 4, 2021 Opinion or Order Filing 114 ORDER granting ECF No. 113 Motion for Reconsideration. Defendants' Motion for Summary Judgment (ECF No. 82 ) is reinstated. The Court will address the motion in due course. Signed by Chief Judge Miranda M. Du on 2/4/2021. (Copies have been distributed pursuant to the NEF - AB)
August 4, 2020 Opinion or Order Filing 100 ORDER granting ECF No. 99 Motion to Extend Time re ECF No. 81 Motion for Summary Judgment. Response due by 8/31/2020. Signed by Chief Judge Miranda M. Du on 8/4/2020. (Copies have been distributed pursuant to the NEF - LW)
July 29, 2020 Opinion or Order Filing 98 ORDER granting ECF No. 97 Stipulation. Plaintiff shall have up to and including August 4, 2020, to respond to Defendant Allan Kirkwood, DDS's Motion for Summary Judgment (ECF No. 81 ). Signed by Chief Judge Miranda M. Du on 7/29/2020. (Copies have been distributed pursuant to the NEF - AB)
July 16, 2020 Opinion or Order Filing 94 ORDER granting ECF No. 93 Stipulation. Plaintiff shall have up to and including July 24, 2020, to respond to Defendant Allan Kirkwood, DDS's Motion for Summary Judgment (ECF No. 81 ). Signed by Chief Judge Miranda M. Du on 7/16/2020. (Copies have been distributed pursuant to the NEF - AB)
July 6, 2020 Opinion or Order Filing 91 ORDER granting ECF No. 88 Stipulation. Plaintiff shall have up to and including July 10, 2020 to respond to Defendant Allan Kirkwood, DDS's Motion for Summary Judgment (ECF No. 81 ). Signed by Chief Judge Miranda M. Du on 7/6/2020. (Copies have been distributed pursuant to the NEF - AB)
June 22, 2020 Opinion or Order Filing 87 ORDER approving ECF No. 85 Stipulation re Defendants Eddie Scott, Kevin Patimeteeporn, and Timothy Dorion's ECF No. 82 Motion for Summary Judgment. Responses due by 6/30/2020. Signed by Chief Judge Miranda M. Du on 6/22/2020. (Copies have been distributed pursuant to the NEF - KR)
April 9, 2020 Opinion or Order Filing 79 ORDER - Stipulation to Extend (ECF No. 78 ) is granted. Dispositive Motions due 30 days following the Court's ruling on Plaintiff's Objection (ECF No. 73 ). Signed by Magistrate Judge Daniel J. Albregts on 4/9/2020. (Copies have been distributed pursuant to the NEF - AB)
January 6, 2020 Opinion or Order Filing 66 ORDER granting ECF No. 65 Stipulation : Reply to ECF No. 64 Response re ECF No. 63 Motion for Leave to File Amended Complaint due by 1/10/2020. Signed by Magistrate Judge Daniel J. Albregts on 1/6/2020. (Copies have been distributed pursuant to the NEF - DRM)
April 23, 2019 Opinion or Order Filing 47 ORDER granting ECF No. 45 Motion for Order to Schedule a Telephone Conference with Plaintiff's Counsel. Signed by Magistrate Judge Carl W. Hoffman on 4/23/2019. (Copies have been distributed pursuant to the NEF - KR)
March 27, 2019 Opinion or Order Filing 43 ORDER granting ECF No. 42 Motion to Extend Time. Cervantez's deadline to serve defendant Dr. Allan Kirkwood, DDS is extended to May 28, 2019. Signed by Magistrate Judge Carl W. Hoffman on 3/27/2019. (Copies have been distributed pursuant to the NEF - LH)
February 26, 2019 Opinion or Order Filing 41 ORDER pursuant to ECF Nos. 34 , 35 , 36 , 37 , 38 , and 39 Proposed Summons to be issued, the Court will not issue the requested summonses for NaphCare, Nevada, LLC or Naph Care, Inc., Dr. Bitar and Nurse Rhynard; this order is without prejudice for Cervantez to take any appropriate action under the Federal Rules of Civil Procedure. Signed by Magistrate Judge Carl W. Hoffman on 2/26/2019. (Copies have been distributed pursuant to the NEF - KW)
January 23, 2019 Opinion or Order Filing 29 ORDER granting ECF No. 28 Motion to Extend Time for Service of Process. Plaintiff's deadline to serve defendants Christian Pizan and Allan Kirkwood is extended until March 23, 2019. The Notice of Intent to Dismiss (ECF No. 27 ) is VACATED. Signed by Magistrate Judge Carl W. Hoffman on 1/23/2019. (Copies have been distributed pursuant to the NEF - LH)
July 19, 2018 Opinion or Order Filing 19 ORDERED that this case is referred to the Pro Bono Program for appointment of counsel for the purposes identified herein. IT IS FURTHER ORDERED that the Clerk of Court must forward this order to the Pro Bono Liaison. (Email (NEF) to pro bono liaison on 7/20/2018.) Signed by Magistrate Judge Carl W. Hoffman on 7/19/2018. (Copies have been distributed pursuant to the NEF - DRM)
May 8, 2018 Opinion or Order Filing 10 ORDERED Clerk shall add Eddie Scott (P#15631); Timothy Dorion (P#14942); Christian Pizan (P#13864); Kevin Patimeteeporn (P#14529); and Dr. Allan Kirkwood, DDS to the docket as defendants in this case pursuant to ECF No. 9 . This action will proceed on Counts I, II, and III, alleging due process violations, against Defendants Eddie Scott, Timothy Dorion, Christian Pizan, Kevin Patimeteeporn, and Dr. Allan Kirkwood. Clerk shall issue summonses for Defendants Eddie Scot t (P#15631); Timothy Dorion (P#14942); Christian Pizan (P#13864); Kevin Patimeteeporn (P#14529); and Dr. Allan Kirkwood, DDS and deliver the same to USM for service. Clerk shall send Plaintiff 5 USM-285 forms. P shall provide said forms to USM by 6/7/2018. The Clerk also will send a copy of the complaint (ECF No. 6) and a copy of this order to the USM for service on Ds. (Summons and copies delivered to USM 5/8/2018.) Henceforth P must serve Ds a copy of every pleading submitt ed for consideration, together with a certificate of service. Clerk is directed to terminate Las Vegas Metropolitan Police Department from the docket. Signed by Judge Miranda M. Du on 5/8/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Plaintiff: Luis Cervantes
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Defendant: Clark County Detention Center
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Defendant: Las Vegas Metropolitan Police Department Detention Service Division
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Defendant: Naphcare
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