U.S. District Courts - Nevada ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCriminal JusticeEducationFamily LawFinance & BankingGovernment BenefitsInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsPension & Retirement BenefitsSecurities & Blue Sky Law Frederick G. LAND, Petitioner, v. J. BENEDETTI, et al., Respondents. , D.Nev., November 16, 2009 ORDER EDWARD C. REED, District Judge. Before the Court are Respondents' Motion to Dismiss (# 36) and Plaintiff's Opposition (# 39). The Court finds that this action is untimely and grants the motion. Congress has limited the time in which a person can petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254: A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation pe... Dale WALSH, Plaintiff, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION # 357, et al., Defendant. , D.Nev., November 16, 2009 Charles T Wright, Charles T. Wright & Associates, Las Vegas, NV, for Plaintiff. Adam P. Segal, Jason S. Jeskey, Brownstein Hyatt Farber Schreck, LLP, Las Vegas, NV, for Defendant. ORDER JAMES C. MAHAN, District Judge. Presently before the court is defendant International Brotherhood of Electrical Workers (IBEW) Local Union 357's (hereinafter "IBEW Union") motion for attorneys' fees and nontaxable costs filed on October 7, 2009. (Doc. # 18). Pursuant to Local Rule 7-2(b), plaintiff's oppo... CHARLES JAMES BURNS, Plaintiff, v. CITY OF SPARKS; et al., Defendants. , D.Nev., November 16, 2009 Charles James Burns, Sparks, NV, pro se. Thomas F. Riley, Sparks, NV, for Defendants. ORDER LARRY R. HICKS, District Judge. Before the court is a letter from plaintiff Charles James Burns' ("Burns"), which is identified as Motion to Speak to the Court (# 38 [FN1]). This case arises from an encounter in which Burns was tased and arrested by officers of the Sparks Police Department. Burns filed a pro se § 1983 civil rights complaint against defendants alleging that they violated his cons... Richard C. VICKERMAN, Plaintiff, v. The DEPT. OF HOUSING AND URBAN DEV. (HUD), et al., Defendants. , D.Nev., November 13, 2009 Richard C. Vickerman, South Lake Tahoe, CA, pro se. Las Vegas Housing Authority, Las Vegas, NV, pro se. Scott A. Marquis, Marquis & Aurbach, Las Vegas, NV, Gregory W. Addington, U.S. Attorney's Office, Reno, NV, for Defendants. Larry Robinson, Henderson, NV, pro se. ORDER LARRY R. HICKS, District Judge. Before the court is Plaintiff Richard Vickerman's Motion for Default Judgment (# 178 [FN1]). Defendant the Department of Housing and Urban Development ("HUD") has filed an oppositi... Victor D. HOLMES, Petitioner, v. Greg SMITH, et al., Respondents. , D.Nev., November 12, 2009 Victor Holmes, Carson City, NV, pro se. ORDER LARRY R. HICKS, District Judge. The Court dismissed this action because it was untimely. Order (# 5). Petitioner has submitted a Notice of Appeal (# 9) and a Request for Certificate of Appealability on Dismissal (# 7). To appeal the denial of a petition for a writ of habeas corpus, Petitioner must obtain a certificate of appealability, after making a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c). Where... Steven Paul SPEIDEL, Petitioner, v. Jack PALMER, et al., Respondents. , D.Nev., November 12, 2009 Steven Paul Speidel, Lovelock, NV, pro se. Dennis C. Wilson, Nevada Attorney General's Office, Las Vegas, NV, for Respondents. ORDER LARRY R. HICKS, District Judge. This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by Steven Paul Speidel, a Nevada state prisoner. Before the Court is respondents' motion to dismiss the petition. (Docket # 8). Petitioner has filed a response (Docket # 12) to the motion to dismiss and a motion for leave to file ... Charles HARMON, Plaintiff, v. CLARK COUNTY, Defendant. , D.Nev., November 12, 2009 Jeffrey E. Fisher, Law Offices of Jeffrey E. Fisher, Esq., Las Vegas, NV, for Plaintiff. Yolanda T. Givens, Las Vegas, NV, for Defendant. ORDER LARRY R. HICKS, District Judge. Before the court is Defendant Clark County's Motion for Summary Judgment (# 24 [FN1]). Plaintiff Charles Harmon has filed an opposition (# 28) to which the County replied (# 29). Plaintiff has also filed a "Motion to Allow Hand Filing of Plaintiff's Opposition" (# 27). FN1. Refers to the court's docket ent... Carol MORSOVILLO, Plaintiff, v. CLARK COUNTY, a Nevada political entity; Eighth Judicial District Court, a Nevada public entity, State of Nevada, Chuck Short, in his official and individual capacity; Steve Rushfield, in his official and individual , D.Nev., November 12, 2009 Kirk T. Kennedy, Las Vegas, NV, for Plaintiff. Jill Carol Davis, Attorney General's Office, Las Vegas, NV, for Defendants. ORDER LARRY R. HICKS, District Judge. Before the court is Defendants Clark County, Eighth Judicial District Court, State of Nevada, Chuck Short, and Steve Rushfield's (collectively "Defendants") Motion for Summary Judgment (# 34 [FN1]). Plaintiff Carol Morsovillo has filed a response (# 40) to which Defendants replied (# 41). FN1. Refers to the court's docket entry ... Shari R. TAYLOR, Plaintiff, v. FAIRFIELD RESORTS, INC./WYNDHAM et al., Defendants. , D.Nev., November 10, 2009 Shari R. Taylor, Oakland, CA, pro se. Patrick H. Hicks, Wendy M. Krincek, Andrew L. Rempfer, Littler Mendelson, PC, Las Vegas, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. This Title VII case arises out of alleged race and gender discrimination and subsequent retaliation. On December 12, 2007, Plaintiffs Shari R. Taylor and Julianne Batiste sued Fairfield Resorts, Inc./Wyndham ("Fairfield"), Scott Dowling, Robert Weaks, Terri Barajas, Steve Thomas, and Diane Howell in this ... Maria GARCIA a Special Administrator to the Estate of Genesis Acosta-Garcia and as Guardian ad Litem to Sandra Acostagarcia; Sandra Acosta-Garcia, a minor; Genesis Acosta-Garcia, a minor, deceased, Plaintiffs, v. CLARK COUNTY; Clark County Departme, D.Nev., November 10, 2009 Cal J. Potter, III, John C. Funk, Potter Law Offices, Vincent Ochoa, Ochoa Law Firm, Beverly Salhanick, Beverly Salhanick, Esquire, P.C., Las Vegas, NV, for Plaintiffs. Erik D. Buzzard, Palumbo Bergstrom LLP, Gloria M. Navarro, Las Vegas, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. I. INTRODUCTION Before the Court is Defendant's Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56(c). (# 59). Plaintiff has brought an action against Clark County, Clark... Melvin J. COLLINS, Plaintiff, v. Wes MATTICE, et al., Defendants. , D.Nev., November 10, 2009 Melvin J. Collins, Indian Springs, NV, pro se. Kristen R. Geddes, Office of the Attorney General, Carson City, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Before the Court is the Report and Recommendation of the United States Magistrate Judge (# 26) ("Recommendation") entered on October 16, 2009. This action was referred to U.S. Magistrate Robert A. McQuaid, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. After a thorough review, the Magistrate Judge recommends th... Gene ALLEN, Petitioner, v. State of NEVADA, et al., Respondents. , D.Nev., November 9, 2009 Gene Allen, Lovelock, NV, pro se. ORDER EDWARD C. REED, JR., District Judge. This habeas corpus action was dismissed, and judgment entered, more than six years ago, on October 16, 2003 (docket # 12 and # 13). Before the Court is petitioner's motion for certificate of appealability (docket # 30). This Court has previously denied petitioner a certificate of appealability on September 8, 2008 (docket # 26). In order for an appeal to proceed, a petitioner must obtain a certificate of appeala... Karen SERCU, individually, and Dana Sercu, individually, and as Husband and Wife, Plaintiffs, v. LABORATORY CORPORATION OF AMERICA, dba LabCorp, Defendant. , D.Nev., November 9, 2009 Curtis B. Coulter, Matthew L. Sharp, Matthew L. Sharp, Ltd., Reno, NV, for Plaintiffs. Chad R. Fears, Kelly A. Evans, Snell & Wilmer, LLP, Las Vegas, NV, for Defendant. ORDER LARRY R. HICKS, District Judge. Before the court is plaintiffs' motion to remand and for attorney's fees filed on October 14, 2009. Doc. # 3 [FN1]. Defendant Laboratory Corporation of America ("LabCorp") filed a response on October 22, 2009. Doc. # 12. Thereafter, plaintiffs filed a reply on October 23, 2009. Doc. ... Kevin Joe PICOTTE, Petitioner, v. E.K. McDANIEL, et al., Respondents. , D.Nev., November 6, 2009 Kevin Joe Picotte, Ely, NV, pro se. Frank Phelan, Office of the Attorney General, Carson City, NV, for Respondents. ORDER PHILIP M. PRO, District Judge. This action proceeds on a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, by Kevin Picotte, a Nevada prisoner. Before the Court are respondents' motion to dismiss (Docket # 30), petitioner's motion for a stay (Docket # 46), petitioner's motion to amend the petition (Docket # 47), petitioner's motion to file a se... UNITED STATES of America, Plaintiff, v. Gregory WILSON, Defendant. , D.Nev., November 6, 2009 Roger Yang, Las Vegas, NV, for Plaintiff. ORDER ROGER L. HUNT, Chief Judge. Before this Court is the Findings and Recommendations (# 37, filed September 29, 2009) of United States Magistrate Judge George W. Foley, entered by Judge Foley regarding Defendant's Motion to Suppress Evidence for Fourth Amendment Violation (# 17, filed July 22, 2009) and Motion for a Franks Evidentiary Hearing (# 32, filed September 16, 2009). Objections (# 38) were filed to Magistrate Judge Foley's Findings and R... Donald York EVANS, et al., Plaintiffs, v. Howard SKOLNIK, et al., Defendants. , D.Nev., November 5, 2009 ORDER ROBERT C. JONES, District Jones. Before the Court for consideration is the Report and Recommendation (# 117) of Magistrate Judge Valerie P. Cooke, entered October 2, 2009, as well as Plaintiff Witherow's Objections (# 118) thereto, and Defendants' Responses (# 's 119, 120, 121) on file herein. The Court has conducted a review of the record in this case and determines that Plaintiff John Witherow's Objections (# 118) the Report and Recommendations (# 117) on file herein are OVERRULED... Kyong S. EAGAN, Plaintiff, v. MEGA MOVING CO., Defendant. , D.Nev., November 5, 2009 Kyong Suk Eagan, Las Vegas, NV, pro se. ORDER ROBERT C. JONES, District Judge. This lawsuit arises out of damage to Plaintiff Kyong Eagan's household goods by Defendant Mega Moving Co. ("Mega") during Eagan's move from Florida to Las Vegas. Plaintiff filed a Complaint (# 4) on August 12, 2009. The Complaint fails to claim a basis for federal jurisdiction, and none appears from the facts listed in the Complaint. Pursuant to screening under 28 U.S.C. § 1915, Magistrate Judge Peggy A. Leen fou... Shane TRACEY, Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant. , D.Nev., November 5, 2009 Jerry A. Wiese, Williams & Wiese, Las Vegas, NV, for Plaintiff. Matthew John Douglas, Thomas E. Winner, Atkin Winner & Sherrod, Las Vegas, NV, for Defendant. ORDER ROBERT C. JONES, District Judge. I. INTRODUCTION Before the Court is Plaintiff's Motion to Remand due a lack of subject matter jurisdiction. (# 8). Plaintiff contends that Plaintiff and Defendant Stebbins are both domociled in Nevada, therefore there is a complete lack of jurisdiction. Defendant's counter by motion to dismiss D... Daniel SANDOVAL-GONZALES, Petitioner, v. Brian E. WILLIAMS, et al., Respondents. , D.Nev., November 4, 2009 Daniel Sandoval-Gonzales, Indian Springs, NV, pro se. Troy C. Jordan, Office of the Attorney General, Carson City, NV, for Respondents. ORDER HOWARD D. McKIBBEN, District Judge. This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a Nevada state prisoner. Before the Court is respondents' motion to dismiss the petition. (Docket # 8). I. Procedural History On September 28, 2006, petitioner entered guilty pleas to one count of battery with i... Marilyn MIGLIN, Plaintiff, v. James Joseph "Ted" MELLON, Defendant. , D.Nev., November 4, 2009 Cornelius P. Brown, Cohon, Raizes & Regal, Rafey S. Balabanian, Kamberedelson, Chicago, IL, William R. Urga, Mindy Fisher, Jolley Urga Wirth Woodbury & Standish, Las Vegas, NV, for Plaintiff. David J. Richards, Hinshaw & Culbertson LLP, Chicago, IL, James R. Rosenberger, Pico Rosenberger, Jamie S. Cogburn, Cogburn Law Offices, Las Vegas, NV, for Defendant. ORDER LARRY R. HICKS, District Judge. Before the court is Defendant James Joseph "Ted" Mellon's Motion to Dismiss (# 53 [FN1]). Plai... AAA NEVADA INSURANCE COMPANY, Plaintiff, v. Vinh CHAU; Lang Chau; Does 1-20; and Roes 1-20 inclusive, Defendants. , D.Nev., November 4, 2009 Nathan Reinmiller, Nathan Severson, Alverson Taylor Mortensen, et al., Las Vegas, NV, for Plaintiff. Joel F. Hansen, Jonathan J. Hansen, Hansen Rasmussen, Las Vegas, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. I. INTRODUCTION Before the Court are Plaintiff AAA's Motion for Sanctions Pursuant to Rule 11(# 52), Plaintiff AAA's Redacted Motion for Summary Judgment (# 57), the Buenaventuras' Motion to Dismiss (# 63), and the Buenaventuras' Motion to Reconsider (# 64). This is a... KRAVE ENTERTAINMENT, LLC, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY and Steven Miller, Defendants. , D.Nev., November 4, 2009 Lyssa S. Anderson, Deanna L. Forbush, Fox Rothschild LLP, Lisa J. Zastrow, Greenberg Traurig, Las Vegas, NV, for Plaintiff. Amy M. Samberg, Snell & Wilmer L.L.P., Tucson, AZ, Chad R. Fears, Snell & Wilmer, LLP, Las Vegas, NV, for Defendants. ORDER PHILIP M. PRO, District Judge. Presently before this Court is Defendant Liberty Mutual Insurance Company's Motion to Dismiss Plaintiff's Complaint (Doc. # 18), filed August 6, 2009. Plaintiff Krave Entertainment, LLC filed an Opposition (Doc. #... Martin SALDANA-VERDIN, Petitioner, v. NEVADA ATTORNEY GENERAL, et al., Respondents. , D.Nev., November 3, 2009 Martin Saldana-Verdin, Carson City, NV, pro se. Frank Phelan, Office of the Attorney General, Carson City, NV, for Respondents. ORDER ROGER L. HUNT, Chief Judge. This action is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 by petitioner Martin Saldana-Verdin, a Nevada prisoner. The action comes before the Court with respect to its merits. The Court will deny the petition. I. Facts and Procedural Background Petitioner was charged on March 6, 2003, in the Second Judi... Faith McGUIRE, Plaintiff, v. Michael J. ASTRUE, Defendant. , D.Nev., November 3, 2009 Dennis A. Cameron, Law Offices of Dennis Cameron, Reno, NV, for Plaintiff. Holly A. Vance, U.S. Attorney's Office, Reno, NV, Elizabeth Firer, Social Security Administration, San Francisco, CA, for Defendant. ORDER HOWARD D. McKIBBEN,, District Judge. The court has considered the report and recommendation of the United States Magistrate Judge (# 12) filed on October 2, 2009, in which the magistrate judge recommends that this court enter an order denying plaintiff's motion for reversal... Rheta CHAMBERLAIN, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, Defendants. , D.Nev., November 3, 2009 Rheta Chamberlain, Reno, NV, pro se. ORDER ROBERT C. JONES, District Judge. Before the Court is Plaintiff's Petitioner's Answer to Magistrate Judge's Reccomendation [sic] (# 3) filed on March 31, 2009. This action was referred to U.S. Magistrate Judge Valerie P. Cooke pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. The Magistrate Judge submitted her Report and Recommendation (# 2) on March 24, 2009, recommending that this Court enter an order denying Plaintiff's Application to proceed i... Rickey EGBERTO, Plaintiff, v. NEVADA DEPARTMENT OF CORRECTIONS., et al., Defendants. , D.Nev., November 3, 2009 Rickey Egberto, Carson City, NV, pro se. Frederick J. Perdomo, Nevada Attorney General, Carson City, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Before the Court for consideration is the Report and Recommendations (# 55) of U.S. Magistrate Judge Robert A. McQuaid, Jr ., entered May 27, 2008. This action was referred to U.S. Magistrate Judge Robert A. McQuaid, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. On June 19, 2008, Defendants filed a Motion for Enlargeme... Richard BURT, Plaintiff, v. Megan McCLELLAN, et al., Defendants. , D.Nev., November 3, 2009 Richard Burt, Reno, NV, pro se. Kristen R. Geddes, Office of the Attorney General, Carson City, NV, for Megan McClellan. ORDER ROBERT C. JONES, District Judge. Before the Court is the Report and Recommendation of the United States Magistrate Judge (# 62) ("Recommendation") entered on August 26, 2009. This action was referred to U.S. Magistrate Robert A. McQuaid, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. After a thorough review, the Magistrate Judge recommends that this Cou... Robert B. FIER, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, a Maine corporation, Defendant. Unum Life Insurance Company of America, a Maine corporation, Counter-Claimant, v. Robert B. Fier, Counter-Defendant. , D.Nev., November 3, 2009 Steven J. Parsons, Steven J. Parsons, Law Office of, Las Vegas, NV, for Plaintiff. Von S. Heinz, Lewis & Roca, LLP, Las Vegas, NV, for Defendant. DECISION, FINDINGS OF FACTS, and CONCLUSIONS OF LAW ROGER L. HUNT, Chief Judge. This is an action for recovery of benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B). The parties stipulated to submit trial briefs to the Court for findings of fact and conclusions of law pursuant to Rule 52 of t... Eileen LANAHAN, Plaintiff, v. SOUTHERN NEVADA HEALTH DISTRICT, Defendant. , D.Nev., November 2, 2009 Richard Segerblom, Las Vegas, NV, for Plaintiff. Mark J. Ricciardi, Shaun P. Haley, Fisher & Phillips, LLP, Las Vegas, NV, for Defendant. ORDER LARRY R. HICKS, District Judge. Before the court is defendant Southern Nevada Health District's ("SNHD") motion in limine filed on October 5, 2009. Doc. # 54 [FN1]. SNHD moves to exclude testimony by plaintiff Eileen Lanahan ("Lanahan") of the check in/check out procedures of other SNHD maintenance employees and unconfirmed rumors about other em... Richard Earl BARBER, Petitioner, v. Stephanie HUMPHRIES, et al., Respondents. , D.Nev., October 30, 2009 Richard Earl Barber, North Las Vegas, NV, pro se. Frank Phelan, Office of the Attorney General, Carson City, NV, for Respondents. LARRY R. HICKS, District Judge. Before the Court are the Amended Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254(# 4), Respondents' Motion to Dismiss (# 16), Petitioner's Objection (# 21), and Respondents' Reply (# 22). The Court finds that Petitioner has not exhausted his available remedies in state court and grants the Motion (# 16). B... Kyle James PENNINGTON, et al., Plaintiffs, v. SUNRISE SERVICE & TRANSPORT, et al., Defendants. , D.Nev., October 30, 2009 ORDER LARRY R. HICKS, District Judge. Before the court is the Report and Recommendation of United States Magistrate Judge Peggy A. Leen (Doc. # 25 [FN1]) entered on July 30, 2009. Also before the court is Executor Mary Riggs' ("Riggs") Renunciation of Special Administrator (Doc. # 26) and defendants' Motion to Dismiss for Want of Prosecution and/or in Accordance with Magistrate's Recommendations (Doc. # 27). FN1. Refers to the court's docket number. Report and Recommendation On J... Phillip J. LYONS, Plaintiff, v. Connie BISBEE, et al., Defendants. , D.Nev., October 30, 2009 Phillip J. Lyons, Indian Springs, NV, pro se. Kristen R. Geddes, Office of the Attorney General, Carson City, NV, for Defendants. ORDER LARRY R. HICKS, District Judge. Before the court is plaintiff Phillip J. Lyons' ("Lyons") motion for relief from judgment from the court's March 25, 2009 order granting in-part and denying in-part defendants' motion for judgment on the pleadings (Doc. # 116). Doc. # 127 [FN1]. FN1. Refers to the court's docket entry number. This motion involves ... Michael Bruce BYNOE, Petitioner, v. HELLING, Respondent. , D.Nev., October 30, 2009 Paul G. Turner, Federal Public Defender, Las Vegas, NV, for Petitioner. Frank Phelan, Office of the Attorney General, Carson City, NV, for Respondent. ORDER LARRY R. HICKS, District Judge. Petitioner is proceeding with counsel in this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 23, 2009, the court entered judgment for respondents. On October 23, 2009, petitioner filed a notice of appeal and a motion for a certificate of appealability. (Docket # 44.) I... UNITED STATES of America, Plaintiff, v. Darin Jerome FRENCH, Defendant. , D.Nev., October 29, 2009 Ronald C. Rachow, U.S. Attorney's Office, Reno, NV, for Plaintiff. ORDER LARRY R. HICKS, District Judge. Before the court is defendant Darin Jerome French's ("French") motion for release pending appeal in the matter of United States v.. Darin Jerome French, case no. 3:08-cr-0066-LRH-RAM ("French II"), filed on September 14, 2009. Doc. # 121 [FN1]. The United States filed an opposition on September 24, 2009. Doc. # 126. Thereafter, French filed a reply on October 9, 2009. Doc. # 127. ... Steve Michael COX, Plaintiff, v. Glen WHORTON, et al., Defendants. , D.Nev., October 29, 2009 Steve Michael Cox, Indian Springs, NV, pro se. Michon A. Martin, Office of the Attorney General, Carson City, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Before the Court is Plaintiff's Opposition to Magistrate Judge's Report (In Particular Count VII Issues) (# 26) filed on May 13, 2009. This action was referred to U.S. Magistrate Judge Valerie P. Cooke pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. The Magistrate Judge submitted her Report and Recommendation (# 25) ... David MATLEAN, Plaintiff, v. State of NEVADA; Douglas County; Mark B. Jackson; Ronald P. Pierini; Jim A Enearl; and Does I through XXX, Defendants. , D.Nev., October 29, 2009 David Matlean, Gardnerville, NV, pro se. Brent T. Kolvet, Thorndal Armstrong Delk, et al., Reno, NV, C. Wayne Howle, Nevada Attorney General's Office, Carson City, NV, for Defendants. ORDER LARRY R. HICKS, District Judge. Before the court is Plaintiff David Matlean's Motion for Entry of Default (# 19 [FN1]). Defendants Ronald Pierini, Mark B. Jackson, Jim A. EnEarl, and Douglas County have filed an opposition (# 19) to which Plaintiff replied (# 21). FN1. Refers to the court's docket en... David MATLEAN, Plaintiff, v. State of NEVADA; Douglas County; Mark B. Jackson; Ronald P. Pierini; Jim A Enearl; and Does I through XXX, Defendants. , D.Nev., October 29, 2009 ORDER LARRY R. HICKS, District Judge. Before the court is Defendant State of Nevada's Motion to Dismiss (# 6 [FN1]). Plaintiff David Matlean has filed an opposition (# 8) to which Defendant replied (# 18). FN1. Refers to the court's docket entry number. Defendant argues the court should dismiss Plaintiff's claims against it because the state is entitled to immunity under the Eleventh Amendment to the United States Constitution. Defendant bases its motion on either Federal Rule o... Wade SNYDER, Plaintiff, v. LIFE CARE CENTERS OF AMERICA, INC., a Tennessee Corporation, Defendant. , D.Nev., October 29, 2009 Patrick T. Kinney, Kinney & Levinson, Reno, NV, for Plaintiff. David J. Mortensen, Chelsea Hueth, Laura Lucero, Alverson Taylor Mortensen, et al, Las Vegas, NV, for Defendant. ORDER LARRY R. HICKS, District Judge. Before the court is Defendant Life Care Center's Motion for Summary Judgment (# 20 [FN1]). Plaintiff Wade Snyder has not responded. In light of Plaintiff's failure to respond, on August 6, 2009, this court issued a minute order (# 24) instructing Plaintiff to show cause by Aug... Joey LAGUNA, Plaintiff, v. Joseph BRACKBILL, et al., Defendants. , D.Nev., October 29, 2009 Joey Laguna, Carson City, NV, pro se. Alicia L. Lerud, Office of the Attorney General, Carson City, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Before the Court is the Report and Recommendation of the United States Magistrate Judge (# 22) ("Recommendation") entered on August 25, 2009. This action was referred to U.S. Magistrate Robert A. McQuaid, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. After a thorough review, the Magistrate Judge recommends that this Cour... UNITED STATES of America, Plaintiff(s), v. $42,989.76 IN UNITED STATES CURRENCY, Net Sales Proceeds of 3926 Champagne Wood Drive, Las Vegas, Nevada (Kohath K. Carroll-Owner), Defendant(S). , D.Nev., October 29, 2009 Daniel D. Hollingsworth, U.S. Attorney's Office, Las Vegas, NV, for Plaintiff(s). Kohath Carroll, Safford, AZ, pro se. ORDER (Motion to Determine Jurisdiction--# 18) (Motion to Strike--# 21) (Motion to Clarify--# 23) ROGER L. HUNT, Chief Judge. Before the Court are several motions, all arising from Kohath K. Carroll's original Motion to Determine Jurisdiction (# 18, filed March 2, 2009). The United States filed a Response (# 20) to that motion, followed by Carroll's Reply (# 21). The... William Lyle DUNN, Petitioner, v. Jack PALMER, et al., Respondents. , D.Nev., October 29, 2009 William Lyle Dunn, Winnemucca, NV, pro se. Conrad Hafen, Nevada Attorney General's Office, Las Vegas, NV, for Respondents. ORDER R. JONES, District Judge. This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, by William Dunn, a Nevada prisoner. The action comes before the Court with respect to its merits. The Court will deny the petition. I. Facts and Procedural Background Petitioner was convicted after a jury trial in the Eighth Judicial District Court f... Michael T. BOTELHO, Petitioner, v. James BENEDETTI, et al., Respondents. , D.Nev., October 27, 2009 Michael T. Botelho, Carson City, NV, pro se. Troy C. Jordan, Office of the Attorney General, Carson City, NV, for Respondents. ORDER LARRY R. HICKS, District Judge. This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which petitioner, a state prisoner, is proceeding pro se. Pending before the court is respondents' motion to dismiss the amended petition. (Docket # 20.) PROCEDURAL HISTORY On July 22, 2008, the court received from petitioner a petition for writ of... Jeremy Michael CAULEY, Petitioner, v. Jack PALMER, et al., Respondents. , D.Nev., October 27, 2009 Jeremy Michael Cauley, Indian Springs, NV, pro se. Catherine Cortez Masto, Nevada Attorney General's Office, Carson City, NV, for Respondents. ORDER LARRY R. HICKS, District Judge. This is a pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, by Jeremy Cauley, a Nevada prisoner. On June 22, 2009, the Court entered an order (docket # 8) informing petitioner that it appeared his petition was barred by the one-year statute of limitations imposed by the Antiterrorism and ... Montgomery Carl AKERS, Plaintiff, v. James KESZEI, et al., Defendants. , D.Nev., October 27, 2009 ORDER Defendant's Motion to Compel (Dkt.# 180) GEORGE FOLEY, JR., United States Magistrate Judge. This matter is before the Court on Defendant Janine Shields' Motion to Compel Responses to Discovery Against Plaintiff Montgomery Carl Akers and Request for Sanctions (Dkt.# 180), filed July 15, 2009; Plaintiff's Response to the Motion to Compel (Dkt.# 184), filed July 27, 2009; and Defendant Shields' Reply to Plaintiff's Opposition to Motion to Compel (Dkt.# 189), filed August 10, 2009. DI... UNITED STATES of America, Plaintiff, v. Raymond Earl RAFUS, Defendant. , D.Nev., October 27, 2009 Amber M. Craig, U.S. Attorney's Office, Las Vegas, NV, for Plaintiff. ORDER ROGER L. HUNT, Chief Judge. Before this Court is the Report of Findings and Recommendation of United States Magistrate Judge (# 48, filed August 26, 2009), entered by the Honorable Peggy A. Leen, regarding Defendant's Motion to Suppress Evidence (# 10). Objections (# 52) were filed to Magistrate Judge Leen's Report of Findings and Recommendation in accordance with Local Rule IB 3-2 of the Rules of Practice of the Un... Richard Ralph CONTE, Petitioner, v. James BENEDETTI, et al., Respondents. , D.Nev., October 27, 2009 Heather D. Procter, Nevada Attorney General's Office, Carson City, NV, for Respondents. Richard F. Cornell, Reno, NV, for Petitioner. ORDER ROBERT C. JONES, District Judge. Before the Court are the Petition for Writ of Habeas Corpus (# 1), Respondents' Motion to Dismiss (# 7), Petitioner's Response (# 13), and Respondents' Reply (# 18). The Court finds that this action is untimely and grants the Motion (# 7). Congress has limited the time in which a person can petition for a writ of h... John Henry PAGE, Petitioner, v. Jack PALMER, et al., Respondents. , D.Nev., October 27, 2009 John Henry Page, Carson City, NV, pro se. Dennis C. Wilson, Nevada Attorney General's Office, Las Vegas, NV, for Respondents. ORDER ROBERT C. JONES, District Judge. This action is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 by pro se petitioner John Page, a Nevada prisoner. Before the Court is respondents' motion to dismiss (docket # 15). I. Procedural History On December 16, 1982, petitioner was indicted in the Eighth Judicial District Court for Clark County... Damien RIVERO, Petitioner, v. E.K. McDANIEL, et al., Respondents. , D.Nev., October 27, 2009 Damien Rivero, Ely, NV, pro se. ORDER LARRY R. HICKS, District Judge. On June 6, 2009, this Court entered an order requiring respondents to appear in the instant action and to answer or otherwise respond by August 5, 2009 (docket # 3). Respondents have not filed an appearance, nor have they filed an answer or other response. Petitioner has filed a motion requesting court order granting the petition for writ of habeas corpus (docket # 5). The Court will deny petitioner's motion. Petitione... Terence L. McCREARY, on Behalf of Himself and All Others Similarly Situated, Plaintiffs, v. AETNA LIFE INSURANCE COMPANY, Defendant. , D.Nev., October 27, 2009 Matthew L. Sharp, Matthew L. Sharp, LTD., Reno, NV, Ronald R. Parry, Parry Deering Futscher & Sparks, PSC, Covington, KY, for Plaintiffs. Richard J. Doren, Gibson, Dunn & Crutcher LLP., Los Angeles, CA, Von S. Heinz, Abran E. Vigil, Lewis & Roca, LLP, Las Vegas, NV, for Defendant. ORDER LARRY R. HICKS, District Judge. Before the court is Plaintiff Terence McCreary's Motion for Clarification of July 2, 2009, Order (# 21 [FN1]). Defendant Aetna Life Insurance Company ("Aetna") has filed a... Gomer GOMEZ, Plaintiff, v. COUNTRYWIDE BANK, FSB.; Countrywide Home Loans; Recontrust Company, et al., Defendants. , D.Nev., October 26, 2009 Joel Selik, Chambers & Selik Law Firm, Neal Chambers, Chambers & Selik, LLP, Las Vegas, NV, for Plaintiff. Diana S. Erb, J. Christopher Jorgensen, Lewis and Roca LLP, Las Vegas, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Plaintiff Gomer Gomez has sued Defendants Countrywide Bank, FSB ("Countrywide Bank"), Countrywide Home Loans ("Countrywide"), Mortgage Electronic Registration Systems ("MERS"), Recontrust Co. ("Recontrust") (collectively, "Defendants"), Doe Individuals I... Clifford Randall KEMBERLING, Plaintiff, v. OCWEN LOAN SERVICING, LLC, Fremont Reorganizing Corporation formerly known as Fremont Investment & Loan, Mortgage Electronic Registration Systems, Inc., Aztec Foreclosure Corporation, Inc., HSBC Bank USA, , D.Nev., October 26, 2009 Clifford Randall Kemberling, Burbank, CA, pro se. Jeremiah H. Barlow, Jeffrey S. Allison, Houser & Allison, APC, Irvine, CA, Stephanie Cooper-Herdman, The Cooper Castle Law Firm, LLP, Bradley Scott Schrager, Karl L. Nielson, Jones Vargas, Dana Jonathon Nitz, Olson, Cannon, Gormley & Desruisseaux, Las Vegas, NV, Robin P. Wright, Wright, Finlay & Zak, LLP, Newport Beach, CA, for Defendants. ORDER ROBERT C. JONES, District Judge. I. INTRODUCTION This is a mortgage foreclosure case. Before th... TABLEMAX IP HOLDINGS, INC, a Nevada corporation; Tablemax Gaming, Inc., a Nevada corporation; and Vegas Amusement, Inc., a South Carolina corporation, Plaintiff(s), v. SHUFFLE MASTER, INC., a Minnesota corporation, Defendant(s). , D.Nev., October 26, 2009 Cassandra Joseph, Michael D. Rounds, Watson Rounds, Reno, NV, for Plaintiff(s). Kimball Anderson, Winston & Strawn LLP, Chicago, IL, J. Colby Williams, Wade W. Rabenhorst, Campbell & Williams, Las Vegas, NV, for Defendant(s). ORDER (Emergency Motion to Deny or Extend--# 40) (Motion for Preliminary Injunction--# 6) (Motion for Hearing on # 6--# 32) (Motion for Partial Summary Judgment--# 33) (Motion to Strike--# 34) (Motion for Summary Judgment--# 37) (Motion for Summary Judgment--# 39) ... Lamaar T. BRAZIER, Petitioner, v. D. NEVENS, et al., Respondents. , D.Nev., October 23, 2009 Lamar Brazier, Indian Springs, NV, for pro se. Michael Bongard, Office of Attorney General, Ely, NV, for Respondent. ORDER KENT J. DAWSON, District Judge. Before the Court are the Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254(# 1), Respondents' Answer (# 20), and Petitioner's Response (# 22). The Court concludes that Petitioner is not entitled to relief and denies the Petition (# 1). "A federal court may grant a state habeas petitioner relief for a claim that was a... William Cato SELLS, Jr., Plaintiff, v. E.K. McDANIEL, et al., Defendants. , D.Nev., October 23, 2009 William C. Jr. Sells, Creswell, OR, pro se. Janet E. Traut, Nevada Attorney General's Office, Carson City, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Before the Court is the Report and Recommendation of the United States Magistrate Judge (# 84) ("Recommendation") entered on August 6, 2009. This action was referred to U.S. Magistrate Judge Robert A. McQuaid pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. After a thorough review, the Magistrate Judge recommends that thi... Thomas J. BALBONI, Plaintiff, v. Howard SKOLNIK, et al., Defendants. , D.Nev., October 23, 2009 Thomas J. Balboni, Carson City, NV, pro se. Kristen R. Geddes, Office of the Attorney General, Carson City, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Before the Court is Plaintiffs Objection to Magistrate Judge's Report and Recommendation (# 48) filed on June 15, 2009. This action was referred to U.S. Magistrate Judge Valerie P. Cooke pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. The Magistrate Judge submitted her Report and Recommendation (# 46) on June 2, 2009, r... Brian K. ALFORD, Plaintiff, v. NDOC, J. Benidetti, T. Corda, Ms. Iractable, et al., Defendants. , D.Nev., October 23, 2009 Brian Alford, Reno, NV, pro se. William J. Geddes, State of Nevada Office of the Attorney General, Carson City, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Before the Court is the Report and Recommendation of the United States Magistrate Judge (# 37) ("Recommendation") entered on July 15, 2009, in which the Magistrate Judge recommends that this Court enter an order granting defendants' Motion to Dismiss (# 13). No objection to the Report and Recommendation has been filed. ... Frank ORTIZ, Plaintiff, v. Isidro BACA, et al., Defendants. , D.Nev., October 23, 2009 Frank Ortiz, Ely, NV, pro se. William J. Geddes, State of Nevada Office of the Attorney General, Carson City, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Before the Court is Plaintiff's Objection to Magistrate Cooke's January 15, 2009 Recommendation (# 39) filed on January 26, 2009. This action was referred to U.S. Magistrate Judge Valerie P. Cooke pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. The Magistrate Judge submitted her Report and Recommendation (# 37) on Jan... Christopher NORTON, Plaintiff, v. Glen WHORTON, et al., Defendants. , D.Nev., October 23, 2009 Christopher M. Norton, Lovelock, NV, pro se. ORDER ROBERT C. JONES, District Judge. Before the Court is the Report and Recommendation of the United States Magistrate Judge (# 43) ("Recommendation") entered on July 29, 2009. This action was referred to U.S. Magistrate Judge Valerie P. Cooke pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. After a thorough review, the Magistrate Judge recommends that this Court grant Defendants' Mottonto Dismiss, or in the Alternative, Motion for Summary J... Jason Eric SONNTAG, Plaintiff, v. Dennis BALAAM, et al., Defendants. , D.Nev., October 23, 2009 Jason Eric Sonntag, Carson City, NV, pro se. David C. Creekman, Mary M. Kandaras, Reno, NV, for Defendants. ORDER ROBERT C. JONES, District Judge. Before the Court is Plaintiff's Opposition to Report and Recommendation of Magistrate Judge Motion to Strike and Vacate Biased, Conflicted Report (# 72) filed on August 24, 2009. This action was referred to U.S. Magistrate Robert A. McQuaid, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. The Magistrate Judge submitted his Report and ... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com