FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER ELAYNA J. YOUCHAH , Magistrate Judge . FINDINGS OF FACT Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that: 1. Counsel for the defendant needs the additional time to review discovery and to prepare for trial. 2. Counsel request the new date be designated to a date after the court's November bench trial date, currently set as November 20, 2019. 3. The defendant is not incarcerated and does...
ORDER RESCHEDULING TRIAL ELAYNA J. YOUCHAH , Magistrate Judge . On August 20, 2019, parties filed a Stipulation to Continue Trial (first request). IT IS HEREBY ORDERED that the Bench Trial currently set for Wednesday, September 3, 2019, is rescheduled to Wednesday, October 16, 2019 at 9:00 a.m. in LV Courtroom 3D before U.S. Magistrate Judge Elayna J. Youchah. STIPULATION TO CONTINUE TRIAL (First Request) IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich,...
Report & Recommendation of United States Magistrate Judge Re: ECF No. 155/155-1 WILLIAM G. COBB , Magistrate Judge . This Report and Recommendation is made to the Honorable Miranda M. Du, United States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and the Local Rules of Practice, LR 1B 1-4. Before the court is Plaintiff's Motion for Partial Summary Judgment on RLUIPA Claims against defendants Kyle, Woods, Aranas. (ECF No....
REPORT AND RECOMMENDATION CAM FERENBACH , Magistrate Judge . This matter involves Plaintiff Virginia K. Price's appeal from the Commissioner's final decision denying her social security benefits. Before the Court is Price's Motion for Reversal or Remand (ECF No. 20) and the Commissioner of Social Security's Cross-Motion to Affirm and Opposition to Plaintiff's Motion for Reversal (ECF No. 21). For the reasons stated below the Court recommends granting Price's motion to reverse or remand...
ORDER ELAYNA YOUCHAH , Magistrate Judge . Based on the pending Stipulation of counsel, and good cause appearing, the Preliminary Hearing currently scheduled for December 23, 2019, is vacated, and continued to February 21, 2020, at 4:00 p.m. in Courtroom 3C. IT IS SO ORDERED.
REPORT AND RECOMMENDATION (Docket No. 1898) NANCY J. KOPPE , Magistrate Judge . This matter was referred to the undersigned Magistrate Judge on Defendant Bert Wayne Davisson's motion to dismiss counts 7 and 9 of the superseding indictment. Docket No. 1898. The Court has considered Defendant's motion, the United States' response, and Defendant's reply. Docket Nos. 1898, 1946, 1971. I. BACKGROUND On June 14, 2017, a federal grand jury sitting in Las Vegas, Nevada issued a superseding...
Order Sealing Indictment CAM FERENBACH , Magistrate Judge . Based on the government's oral motion and the authority provided by Federal Rule of Criminal Procedure 6(e)(4) and Local Rule IA 10-5, THE COURT HEREBY FINDS AND ORDERS that the indictment in this case and all related documents must be kept under seal until further order of the court. IT IS FURTHER ORDERED THAT the Clerk's Office for the United States District Court for the District of Nevada must release the sealed indictment to...
Report and Recommendation and Order MOTION TO DISMISS FOR SELECTIVE PROSECUTION [ECF NO. 503]; MOTION FOR EXTENSION OF TIME [ECF NO. 505] CAM FERENBACH , Magistrate Judge . Before the Court are defendant Sean Finn's motion to dismiss for selective prosecution and motion for extension of time to file his reply in support of his motion to dismiss. (ECF Nos. 503 and 505). On December 2, 2019, the Court held an evidentiary hearing on defendant's motion to dismiss and held a hearing on...
ORDER CAM FERENBACH , Magistrate Judge . This matter involves Plaintiff Dennis M. Dalsanto's appeal from the Commissioner's final decision denying Dalsanto social security benefits. Before the Court are Dalsanto's Motion for Reversal and/or Remand (ECF No. 18) and the Commissioner's Cross-Motion for Summary Judgment (ECF No. 19). For the reasons stated below, the Court recommends denying Dalsanto's motion and granting the Commissioner's motion. STANDARD OF REVIEW The Fifth Amendment...
ORDER BRENDA WEKSLER , Magistrate Judge . Pending before the Court was a Stipulated Protective Order, which the Court approved to facilitate discovery in this case. This order reminds counsel that there is a presumption of public access to judicial files and records. A party seeking to file a confidential document under seal must file a motion to seal and must comply with the Ninth Circuit's directives in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). The...
ORDER RE: MOTION TO WITHDRAW AS ATTORNEY OF RECORD KENT J. DAWSON , District Judge . IT IS HEREBY ORDERED that Daniel J. Cowhig, Assistant United States Attorney is withdrawn as attorney of record for the Government. IT IS FURTHER ORDERED that Daniel J. Cowhig shall be removed from the CM/ECF service list in this case.
Final Order of Forfeiture RICHARD F. BOULWARE, II , District Judge . This Court found that Mark Smith shall pay the in personam criminal forfeiture money judgment of $165,000 pursuant to Fed. R. Crim. P. 32.2(b)(1) and (2); 18 U.S.C. 981(a)(1)(C) with 28 U.S.C. 2461(c); 18 U.S.C. 982(a)(8)(A); 18 U.S.C. 982(a)(8)(B); and 21 U.S.C. 853(p). Criminal Information, ECF No. 3; Plea Agreement, ECF No. 6; Arraignment and Plea, ECF No. 8; Preliminary Order of Forfeiture, ECF No. 9;...
Amended Report & Recommendation of United States Magistrate Judge Re: ECF No. 171 WILLIAM G. COBB , Magistrate Judge . This Report and Recommendation is made to the Honorable Miranda M. Du, United States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and the Local Rules of Practice, LR 1B 1-4. Before the court is Plaintiff's Motion for Partial Summary Judgment on the Involuntary Transfer. (ECF No. 171.) Defendants filed a...
Report & Recommendation of United States Magistrate Judge Re: ECF No. 171 WILLIAM G. COBB , Magistrate Judge . This Report and Recommendation is made to the Honorable Miranda M. Du, United States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and the Local Rules of Practice, LR 1B 1-4. Before the court is Plaintiff's Motion for Partial Summary Judgment on the Involuntary Transfer. (ECF No. 171.) Defendants filed a response....
REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE 2 CARLA BALDWIN , Magistrate Judge . This case involves the judicial review of an administrative action by the Commissioner of Social Security ("Commissioner") denying Shermaine Carroll's ("Carroll") application for disability insurance benefits and supplemental security income payments pursuant to Titles II and XVI of the Social Security Act. Currently pending before the Court is Carroll's motion for reversal or remand. (ECF No. 13.) In...
ORDER JAMES C. MAHAN , District Judge . The matter before the court is to clarify the order of restitution previously entered as part of the Judgment in a Criminal Case (ECF#39), sentencing having been imposed on October 19, 2005. Upon further review of the restitution order in this matter, the specifics needed to complete the order of restitution were not made a part of the Judgment. Therefore, good cause appearing, IT IS ORDERED that the defendant shall make restitution to the...
ORDER AND REPORT AND RECOMMENDATION DANIEL J. ALBREGTS , Magistrate Judge . This matter is before the Court on Plaintiff Rafael Danam's Amended Complaint (ECF No. 7), filed on November 26, 2019. The Court previously granted Plaintiff's request to proceed in forma pauperis and screened the Complaint pursuant to 1915(e). (ECF No. 5). In doing so, the Court dismissed without prejudice Plaintiff's complaint and provided him with leave to amend. As he has now filed an Amended Complaint ("AC"...
ORDER MIRANDA M. DU , Chief District Judge . This habeas matter is before the Court on Respondents' third unopposed motion to extend time (ECF No. 54). Respondents seek a 60-day extension of time to file and serve an answer or other responsive pleading to Petitioner Carl Henry Olsen, III's Second Amended Petition for Writ of Habeas Corpus (ECF No. 45). Habeas actions are civil actions under federal practice and are subject to the reporting requirements of the Civil Justice Reform Act of...
Order Setting Hearing on Motion for Preliminary Approval of Proposed Class Action Settlement [ECF No. 68] ANDREW P. GORDON , District Judge . I will conduct a hearing on the plaintiffs' motion for preliminary approval of a proposed class action settlement on Wednesday, January 8, 2020 at 11:00 a.m. in Las Vegas Courtroom 6C.
ORDER GLORIA M. NAVARRO , District Judge . Pending before the Court is Plaintiff Jayne Samet's ("Plaintiff's") Motion to Dismiss, (ECF No. 36). Defendant Bayview Loan Servicing, LLC ("Defendant") filed a Response, (ECF No. 41), and Plaintiff filed a Reply, (ECF No. 44). Also pending before the Court are Defendant's Motion to Enforcement Settlement, (ECF No. 42), and Motion for Sanctions, (ECF No. 43). Plaintiff filed Responses, (ECF Nos. 48, 49), and Defendant filed a Reply, (ECF No. 51)....
