Montoya v. Henderson Police Department et al
| Salvador Montoya |
| Henderson Police Department, Brandon R Bass, Jarrod DeAngelis and Scott Alward |
| 2:2020cv01003 |
| June 5, 2020 |
| US District Court for the District of Nevada |
| Cam Ferenbach |
| Gloria M Navarro |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2021. A more recent docket listing may be available from PACER.
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Filing 57
ORDER Granting #56 Stipulation of Dismissal with Prejudice. Signed by Judge Gloria M. Navarro on 7/21/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 56
Final STIPULATION of Dismissal by Plaintiff Salvador Montoya. (Ryan, Daniel)
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Filing 55
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 6/28/2021. Pending before the Court is the parties' #54 Notice of Settlement. IT IS HERBY ORDERED that the Court VACATES all pending deadlines. IT IS FURTHER ORDERED that the parties shall file dismissal documents or a joint status report regarding the status of settlement by July 28, 2021. (Copies have been distributed pursuant to the NEF - DZ)
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Filing 54
NOTICE of Settlement by Salvador Montoya. (Ryan, Daniel)
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Filing 53
ORDER denying #41 Motion for Reconsideration. Signed by Judge Gloria M. Navarro on 6/22/2021.(Copies have been distributed pursuant to the NEF - HAM)
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Filing 52
REPLY to Response to #41 Motion for Reconsideration, by Plaintiff Salvador Montoya. (Ryan, Daniel)
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Filing 51
RESPONSE to #41 Motion for Reconsideration, by Defendant Brandon R Bass. Replies due by 6/23/2021. (Kemble, Brandon)
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Filing 50
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 6/4/2021. Pending before the Court are the #48 Response and #49 Reply to the #42 Motion to Extend Time, which the Court previously granted by 47 Minute Order. In his #48 Response, Defendant seeks an extension of the Court's expedited briefing schedule on the #41 Motion for Reconsideration because he will be out of the office for two days due to a medical procedure. (Resp. at 4, ECF No. #48 ). Plaintiff does not oppose an extension of the response deadline, but opposes an extension of the time to file the Proposed Joint Pretrial Order. (Reply at 2, ECF No. #49 ). The Court finds good cause to extend the briefing schedule on the Motion for Reconsideration but finds that the deadline for the Proposed Joint Pretrial Order need not be extended. Accordingly, IT IS HEREBY ORDERED that Defendant shall file his response to the #41 Motion for Reconsideration by June 16, 2021. IT IS FURTHER ORDERED that Plaintiff shall file his Reply by June 21, 2021.(Copies have been distributed pursuant to the NEF - DZ)
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Filing 49
REPLY to #48 Response re #42 Motion to Shorten Time, by Plaintiff Salvador Montoya. (Ryan, Daniel) Modified on 6/3/2021 to link to Motion (SLD).
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Filing 48
RESPONSE to #42 Motion to Extend/Shorten Time by Defendant Brandon R Bass. (Attachments: #1 Exhibit A) (Kemble, Brandon)
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Filing 47
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 6/2/2021. Pending before the Court is Plaintiff's #46 Errata to the #42 Motion to Shorten Time. The Errata confirms that Plaintiff seeks expedited briefing on his #41 Motion for Reconsideration. Given that the Court has granted Plaintiff's request to expedite trial, and the outcome of the Motion will substantially affect the parties' preparation for trial, the Court finds good cause for expedited briefing. Accordingly, IT IS HEREBY ORDERED that Defendant shall file his Response to the Motion for Reconsideration by June 11, 2021. IT IS FURTHER ORDERED that Plaintiff shall file his Reply in support of the Motion for Reconsideration by June 16, 2021. IT IS FURTHER ORDERED that the parties shall file their Proposed Joint Pretrial Order by June 30, 2021.(Copies have been distributed pursuant to the NEF - DZ)
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Filing 46
ERRATA to #42 Motion to Extend/Shorten Time by Plaintiff Salvador Montoya. (Ryan, Daniel)
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Filing 45
NOTICE of Corrected Image/Document re #41 Motion for Reconsideration by Plaintiff Salvador Montoya. (Service of corrected image is attached.) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Ryan, Daniel)
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Filing 44
CLERK'S NOTICE. Attorney Action Required to ECF No. #41 . Document missing attorney's signature.Attorney Daniel Ryan is advised to file the corrected image using the event Notice of Corrected Image/Document and link to #41 . (no image attached) (SLD)
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Filing 43
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 6/1/2021. Pending before the Court is Plaintiff's #42 Motion to Shorten Time regarding his #41 Motion for Reconsideration. It is not apparent from the Motion whether Plaintiff merely requests expedited consideration of the Motion, or if he also seeks a shortened briefing schedule. To the extent Plaintiff seeks expedited consideration of the Motion, given the Court's prior grant of the request to expedite trial, the Court GRANTS the Motion for good cause shown. However, as the Court is unsure whether Plaintiff seeks an expedited briefing schedule, the Court DENIES without prejudice any such request. If Plaintiff seeks expedited briefing, Plaintiff is directed to renew his Motion with a proposed briefing schedule. (Copies have been distributed pursuant to the NEF - DZ)
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Filing 42
First MOTION to Shorten Time re #41 Motion for Reconsideration, by Plaintiff Salvador Montoya. (Ryan, Daniel)
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Filing 41
VIEW Corrected Image #45 re: First MOTION for Reconsideration re #40 Order, by Plaintiff Salvador Montoya. Responses due by 6/15/2021. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Ryan, Daniel) Modified on 6/2/2021 (SLD).
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Filing 40
ORDER. IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment, (ECF No. #27 ), is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the Court GRANTS in part and DENIES in part the Motion to Expedite Trial, (ECF No. #26 ). The Court GRANTS Plaintiff's request to expedite trial. Due to lack of availability, the Court DENIES Plaintiff's request to schedule a firm trial date for May or June. ORDER denying as moot #38 Motion to Extend Time; IT IS FURTHER ORDERED that within thirty (30) days of entry of this Order, the parties shall file a Proposed Joint Pretrial Order suggesting mutually agreeable trial dates no earlier than July. Signed by Judge Gloria M. Navarro on 5/24/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 39
RESPONSE to #38 Motion to Extend/Shorten Time by Defendant Brandon R Bass. Replies due by 5/26/2021. (Kemble, Brandon)
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Filing 38
MOTION to Shorten Time for the Court to Hear Defendants re #27 Motion for Summary Judgment,, #26 Motion to Expedite by Plaintiff Salvador Montoya. (Ryan, Daniel)
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Filing 37
MINUTES OF PROCEEDINGS - Settlement Conference held on 5/12/2021 before Magistrate Judge Cam Ferenbach. Pla: Salvador Montoya; Pla Counsel: Daniel M. Ryan, Esq. and Robert W. Cottle, Esq.; Def: Officer Brandon Bass; Def Counsel: Assistant City Attorney Brian Reeve, Esq. and Assistant City Attorney Brandon Kemble, Esq.; Time of Hearing: 10:00 am - 12:15 pm; The court met and conferred with the parties and counsel; however, a settlement agreement was not reached. Accordingly, IT IS HEREBY ORDERED that the case returns to the normal litigation track. (no image attached) (Copies have been distributed pursuant to the NEF - TR)
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Filing 36
ORDER. IT IS ORDERED that counsel/the parties must email chambers at VCF_Chambers@nvd.uscourts.gov, with all email address(es) to be used for the video conference hearing by noon, 5/7/2021. Signed by Magistrate Judge Cam Ferenbach on 5/5/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 35
ORDER setting Settlement Conference. Settlement Conference set for 5/12/2021 at 10:00 AM by videoconference before Magistrate Judge Cam Ferenbach. The settlement conference statements shall be received by chambers not later than 4:00 p.m., May 5, 2021. The parties may deliver the confidential statement to chambers or statements may be emailed to VCF_Chambers@nvd.uscourts.gov no later than 4:00PM, May 5, 2021. Signed by Magistrate Judge Cam Ferenbach on 4/9/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 34
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 4/5/2021. By Deputy Clerk: Aaron S Blazevich.Pursuant to LR 16-5, this case is REFERRED to Magistrate Judge Cam Ferenbach for a settlement conference. (no image attached) (Copies have been distributed pursuant to the NEF - ASB)
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Filing 33
REPLY to Response to #27 Motion for Summary Judgment,, by Defendant Brandon R Bass. (Kemble, Brandon)
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Filing 32
NOTICE of Manual Filing by Plaintiff Salvador Montoya re #31 Response,. Object: Flash drive, Volume(s): 1, Description: Dash-Cam Video, manually filed with the Clerk's Office. (Ryan, Daniel)
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Filing 31
RESPONSE to #27 Motion for Summary Judgment,, by Plaintiff Salvador Montoya. Replies due by 4/1/2021. (Attachments: #1 Exhibit Exhibit 1 - Affidavit of Daniel M. Ryan, #2 Exhibit Exhibit 2 - Dashcam Video, #3 Exhibit Exhibit 3 - Deposition of Brandon Bass, #4 Exhibit Exhibit 4 - Deposition of Salvador Montoya, #5 Exhibit Exhibit 5 - Expert Report of Dr. Trainor, #6 Exhibit Exhibit 6 - Expert Report of Dr. Huff) (Ryan, Daniel)
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Filing 30
REPLY to Response to #26 Motion to Expedite by Plaintiff Salvador Montoya.. (Ryan, Daniel)
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Filing 29
RESPONSE to #26 Motion to Expedite by Defendant Brandon R Bass. Replies due by 3/10/2021. (Kemble, Brandon)
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Filing 28
NOTICE of Manual Filing by Defendant Brandon R Bass re #27 Motion for Summary Judgment,,. Object: Flash Drive, Volume(s): One, Description: Flash Drive Containing Electronic Exhibits, manually filed with the Clerk's Office. (Kemble, Brandon)
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Filing 27
MOTION for Summary Judgment by Defendant Brandon R Bass. Responses due by 3/18/2021. (Attachments: #1 Exhibit Exhibit A - Incident Report, #2 Exhibit Exhibit B - CAD Notes, #3 Exhibit Exhibit C - Deposition of Brandon Bass, #4 Exhibit Exhibit D - Deposition of Scott Alward, #5 Exhibit Exhibit E - Deposition of Salvador Montoya, #6 Exhibit Exhibit F - Manually Filed Flash Drive of City of Henderson Ausio and Video Recordings, #7 Exhibit Exhibit G - Declaration of Kristen Grega) (Kemble, Brandon)
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Filing 26
MOTION to Expedite Trial by Plaintiff Salvador Montoya.. (Ryan, Daniel)
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Filing 25
ORDER granting #24 Stipulation to Continue Discovery Deadlines. Discovery due by 1/27/2021. Motions due by 2/26/2021. Proposed Joint Pretrial Order due by 3/29/2021. Signed by Magistrate Judge Cam Ferenbach on 12/2/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 24
STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery re #17 Order, by Plaintiff Salvador Montoya. (Ryan, Daniel)
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Filing 23
ORDER granting #21 Stipulation to Dismiss Defendants Henderson Police Department, Brandon R. Bass, Jarrod DeAngelis, and Scott Alward. Signed by Judge Gloria M. Navarro on 11/18/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 22
CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #21 was not filed pursuant to LR IC 5-1(b) by attorneys Brian R. Reeve and Brandon P. Kemble. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do not refile document. (no image attached) (SLD)
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Filing 21
STIPULATION to Dismiss Defendants Alward, DeAngelis and HPD, by Defendant Henderson Police Department. (Kemble, Brandon)
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Filing 20
STIPULATED PROTECTIVE ORDER. ORDER granting #19 Stipulated Protective Order. Signed by Magistrate Judge Cam Ferenbach on 9/30/2020.(Copies have been distributed pursuant to the NEF - HAM)
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Filing 19
STIPULATED PROTECTIVE ORDER by Defendant Henderson Police Department. (Reeve, Brian)
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Filing 18
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (HAM)
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Filing 17
ORDER granting #16 Discovery Plan and Scheduling Order. Discovery due by 12/28/2020. Motions due by 1/27/2021. Proposed Joint Pretrial Order due by 2/26/2021. In the event dispositive motions are filed, the date forfiling the joint pretrial order shall be suspended until 30 days after decision of the dispositivemotions or further order of the Court. Signed by Magistrate Judge Cam Ferenbach on 7/23/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 16
Stipulated Discovery Plan and Scheduling Order by Plaintiff Salvador Montoya. (Ryan, Daniel)
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Filing 15
DEMAND for Trial by Jury by Plaintiff Salvador Montoya. (Ryan, Daniel)
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Filing 14
CERTIFICATE of Interested Parties by Henderson Police Department. There are no known interested parties other than those participating in the case (Reeve, Brian)
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Filing 13
ANSWER to #1 Complaint, filed by Defendants Henderson Police Department, Brandon Bass, Jarrod DeAngelis, and Scott Alward. Discovery Plan/Scheduling Order due by 8/13/2020.(Reeve, Brian) 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. Modified on 6/30/2020 to add additional filers (SLD).
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Filing 12
SUMMONS Returned Executed by Salvador Montoya. Henderson Police Department served on 6/8/2020/. (Ryan, Daniel) Modified on 6/17/2020 to edit text(SLD).
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Filing 11
SUMMONS Returned Executed by Salvador Montoya. Brandon R Bass served on 6/8/2020. (Ryan, Daniel)
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Filing 10
SUMMONS Returned Executed by Salvador Montoya. Brandon R Bass served on 6/9/2020. (Ryan, Daniel)
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Filing 9
SUMMONS Returned Executed by Salvador Montoya. Scott Alward served on 6/8/2020. (Ryan, Daniel)
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Filing 8
SUMMONS Returned Executed by Salvador Montoya. Scott Alward served on 6/9/2020. (Ryan, Daniel)
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Filing 7
SUMMONS Returned Executed by Salvador Montoya. Jarrod DeAngelis served on 6/8/2020. (Ryan, Daniel)
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Filing 6
SUMMONS Returned Executed by Salvador Montoya. Jarrod DeAngelis served on 6/10/2020. (Ryan, Daniel)
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Filing 5
SUMMONS Returned Executed by Salvador Montoya. Henderson Police Department served on 6/8/2020. (Ryan, Daniel)
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Filing 4
STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 3
Summons Issued as to All Defendants re #1 Complaint. (ADR)
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Filing 2
CERTIFICATE of Interested Parties by Salvador Montoya. There are no known interested parties other than those participating in the case (Ryan, Daniel)
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Filing 1
COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-6031178) by Salvador Montoya. Proof of service due by 9/3/2020. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet with Attachment A, #2 Summons Summons - Henderson Police Department, #3 Summons Summons - Brandon R. Bass, #4 Summons Summons - Jarrod DeAngelis, #5 Summons Summons - Scott Alward) (Ryan, Daniel) 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.
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Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Cam Ferenbach. (ADR)
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