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Zelaya v. Las Veas Metropolitan Police Department

United States District Court, D. Nevada

March 16, 2017

IMA ILIU FLORES ZELAYA, individually and as legal guardian of LUIS JERSAIN SOLANO, JR.; ELIA DELCARMEN SOLANO-PATRICIO, individually and as Administrator of the Estate of Luis Solano, Plaintiff,
v.
LAS VEAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of the State of Nevada; SHERIFF BILL GILLESPIE, individually and in his capacity as Sheriff of the Las Vegas Metropolitan Police Department; SGT. DAVID ASPIAZU, individually and in his capacity; CORRECTIONS OFFICER BRADLEY TEMPLE, individually and in his capacity; CORRECTIONS OFFICER PATRICK GRAY, individually and in his capacity; CORRECTIONS OFFICER EUGENE DLXON, individually and in his capacity; NAPHCARE, INC., an Alabama corporation; DOES OFFICERS I through X, individually, and in their official capacity; DOSE XI through XX and ROE CORPORATIONS XXI through XXX, inclusive, Defendants.

          SHUMWAY VAN, MICHAEL C. VAN, ESQ, DANIEL M. HANSEN, ESQ. Attorneys for Plaintiff IMA ILIU FLORES ZELAYA, individually and as legal guardian of LUIS JERSAIN SOLANO, JR.

          Adam C. Anderson Adam C. Anderson, Esq., CLEAR COUNSEL LAW GROUP, Attorney for Plaintiff IMA ILIU FLORES ZELAYA, individually and as legal guardian of LUIS JERSAIN SOLANO, JR.

          STIPULATION AND ORDER TO CONTINUE HEARING

         STIPULATION AND ORDER TO CONTINUE HEARING

         Plaintiff, IMA ILIU FLORES ZELAYA ("Mrs. Flores-Zelaya"), through her attorneys of record, Adam Anderson, Esq., with Clear Counsel Law Group, and her former attorneys, Michael C. Van, Esq., of SHUMWAY VAN, hereby stipulate and agree to the following:

         WHEREAS, Plaintiff Mrs. Flores-Zelaya, changed attorneys, which started their involvement in September 13, 2016;

         WHEREAS, Plaintiffs former counsel Shumway Van has agreed to continue representation for the limited purpose of obtaining an order from a Nevada State District Court allowing for the establishment of a blocked account to deposit the settlement proceeds due to Luis Jersain Solano, Jr.;

         WHEREAS, Plaintiffs former counsel appeared before Judge Jim Crockett in Department 24 of the Clark County Eighth District Court on January 10, 2017 (case no. A-16-731184-M), to establish the blocked account;

         WHEREAS, Judge Crockett informed Plaintiffs former counsel that he could not sign an order establishing the blocked account as requested by Plaintiff because the terms of the proposed order would contradict an order issued by Judge Timothy C. Williams of Department 16 of the Clark County Eighth District Court on February 18, 2016 (case no. A-16-731892-M), related to other minors who had received settlement awards in this matter;

         WHEREAS, Plaintiffs former counsel has been working with the attorney who appeared before Judge Williams, and has had to rely on that attorney to file an amended order with Judge Williams so that Plaintiffs former counsel may then obtain an amended order from Judge Crockett;

         WHEREAS, the attorney who appeared before Judge Williams sent an amended order to Judge Williams, but has not yet received the signed amended order back from the court;

         WHEREAS, Plaintiff will need a copy of the signed amended order from Judge William's to produce to Judge Crockett in order to submit and obtain an amended order from Judge Crockett that will allow Plaintiff to establish a blocked account pursuant to this Court's Order;

         WHEREAS, Plaintiff has yet to receive the amended order and, therefore, has not been able to establish a blocked account that would comply with this Court's order;

         WHEREAS, Plaintiff requires more time to receive the necessary orders so that she may establish the necessary blocked account;

         NOW THEREFORE, it is hereby Stipulated and Agreed by the parties to continue the hearing scheduled for March 20, 2017, at 1:30 p.m. in the above-entitled cause for a period of not less than thirty ...


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