Gomez v. City of Henderson et al
| Angelo Gomez |
| City of Henderson and Michael Blow |
| 2:2026cv00529 |
| February 25, 2026 |
| U.S. District Court for the District of Nevada |
| Richard F Boulware |
| Elayna J Youchah |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
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| Per 15 Minute Order, civil case terminated. Certified copy of 15 Minute Order and public docket sheet mailed to Eighth Judicial District Court of the State of Nevada. (RJDG) |
| Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 4/1/2026.Before the Court are the Parties' Stipulation to Remand (ECF No. #13 ) and Plaintiff's Unopposed Motion to Remand (ECF No. #12 ).As a preliminary matter, the Court declines to remand this case based on the Parties' Stipulation. Simply put, a litigant cannot stipulate away a federal court's jurisdiction once they properly invoke it. At best, litigants can stipulate to facts which could, potentially, defeat jurisdiction. The Parties took the former approach. In turn, the Court rejects their stipulation. Cf. Colo. River Water Conservation Dist. v. U.S., 424 U.S. 800, 817-18 (1976) (describing "the virtually unflagging obligation of the federal courts to exercise the jurisdiction given them.") (citations omitted).With that being said, the Court finds that it does not have subject-matter jurisdiction over this case, such that it must be remanded at this time. See Polo v. Innoventions Int'l, LLC, 833 F.3d 1193, 1196 (9th Cir. 2016) (If "at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.") (citing 28 U.S.C. 1447(c)) (emphasis added). "When a plaintiff amends [their] complaint following [their] suit's removal, a federal court's jurisdiction depends on what the new complaint says." Royal Canin U. S. A., Inc. v. Wullschleger, 604 U.S. 22, 30 (2025). Here, Defendants removed this case based on this Court's jurisdiction over federal questions, as Plaintiff had originally asserted a claim under 42 U.S.C. 1983. See ECF No. #1 at 4; see also 28 U.S.C. 1331 ("The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."). Since then, Plaintiff has filed an amended complaint which omits this claim; put differently, it only pursues claims under Nevada law. See ECF No. #11 at 11-19. Therefore, the Court concludes that it lacks subject-matter jurisdiction over Plaintiff's claims.For the foregoing reasons, IT IS HEREBY ORDERED the Parties' Stipulation to Remand (ECF No. #13 ) is DENIED.Meanwhile, Plaintiff's Unopposed Motion to Remand (ECF No. #12 ) is GRANTED. This case is REMANDED to the Eighth Judicial District Court of the State of Nevada.The Clerk of Court is kindly instructed to close this case and return it to the Eighth Judicial District Court in accordance with its standard practices.(Copies have been distributed pursuant to the NEF - DLQ) |
| Filing 14 Joint STATUS REPORT Regarding Removed Action by Defendants Michael Blow, City of Henderson. (Wing, McCade) |
| Filing 13 STIPULATION TO REMAND re #12 Motion to Remand to State Court by Defendants Michael Blow, City of Henderson.. (Wing, McCade) (remand) |
| Filing 12 MOTION to Remand to State Court by Plaintiff Angelo Gomez. Responses are due by 4/2/2026. (Urrutia, James) |
| Filing 11 First AMENDED COMPLAINT with Jury Demand against Michael Blow, City of Henderson by Angelo Gomez. Removes parties. Proof of service is due by 6/9/2026. (Urrutia, James) |
| Filing 10 STATEMENT REGARDING REMOVAL by Defendants Michael Blow, City of Henderson, Henderson Police Department. (Wing, McCade) |
| Filing 9 NOTICE OF RELATED CASES 2:26-cv-00523-GMN-MDC and 2:26-cv-00532-NJK by Defendants Michael Blow, City of Henderson, Henderson Police Department. (Wing, McCade) |
Filing 8
ORDER Granting #7 Stipulation to Extend Time to File Responsive Pleading. Amended Complaint deadline: 3/11/2026. Motions are due by 4/10/2026. Signed by Magistrate Judge Elayna J. Youchah on 3/4/2026. (Copies have been distributed pursuant to the NEF - RJDG)
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| Filing 7 STIPULATION FOR EXTENSION OF TIME (First Request) to File Responsive Pleading by Defendants Michael Blow, City of Henderson, Henderson Police Department.. (Cummings, Hayley) (extend) (answer) |
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Filing 6
ORDER setting Early Neutral Evaluation session. An Early Neutral Evaluation session is set for 5/19/2026 at 10:00 AM remotely by video before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 2/26/2026. (Copies have been distributed pursuant to the NEF - MAM)
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| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 2/27/2026. The undersigned is setting an early neutral evaluation. The parties must discuss settlement and exchange an initial settlement offer and an initial counteroffer by May 5, 2026. The parties must also file, no later than May 6, 2026, a joint statement with the parties' position as to whether holding the early neutral evaluation would be futile. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - TM) |
| Filing 4 CERTIFICATE of Interested Parties by Michael Blow, City of Henderson, Henderson Police Department. There are no known interested parties other than those participating in the case (Thomas, Ethan) Modified on 3/5/2026 (removed incorrect party name per call from counsel - HAM). |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 2/26/2026. Statement regarding removed action is due by 3/13/2026. Joint Status Report regarding removed action is due by 3/28/2026. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 2 CLERK'S NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Nancy J. Koppe will be the evaluating judge in this case. No ENE will be conducted in cases subject to arbitration. Parties to cases subject to mandatory arbitration, as well as parties who agree to arbitrate, must notify the Court of the same no later than 14 days after the date of this Notice. Failure to do so may result in sanctions. (no image attached) (JQC) |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. (JQC) |
| Filing 1 PETITION FOR REMOVAL from 8th Judicial District Court, Case Number A-25-934771-C, (Filing fee $ 405 receipt number ANVDC-8384894) by Henderson Police Department, City of Henderson, Michael Blow. Proof of service is due by 3/10/2026. Certificate of Interested Parties is due by 3/7/2026. (Attachments: #1 Civil Cover Sheet, #2 Index, #3 Exhibit A - Notice to State, #4 Exhibit B - Complaint, #5 Exhibit C - Summons and Notice (City), #6 Exhibit D - Summons and Notice (HPD), #7 Exhibit E - Summons and Notice (Mr. Blow)) (Wing, McCade) 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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