Strohmeyer v. Belanger ( 2019 )

1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 JEREMY STROHMEYER, Case No.: 3:14-cv-00661-RCJ-WGC 3 Plaintiff, ORDER 4 v. Re: ECF No. 185 5 K. BELANGER, et al., 6 Defendants. 7 8 Before the court is Plaintiff’s Motion to Add the State of Nevada on Relation to the Nevada 9 Department of Corrections (NDOC) as a party defendant solely with respect to Count XII of the 10 Third Amended Complaint (ECF No. 185). NDOC employees Cartier, Belanger, LeGrand, 11 Schardin and Gilder were named in an unlawful deprivation of property – state law - claim in 12 Count XII. Nev. Rev. Stat. 41.031 requires a plaintiff bringing a state tort claim against State 13 employees must name the State as a party to the action. See, Craig v. Donnelly, 439 P.3d 413, 414 14 (Nev. 2019). At the court’s conference/hearing on August 27, 2019, Defendants’ counsel did not 15 oppose Plaintiff’s motion. 16 Therefore, Plaintiff’s Motion to Add the State of Nevada on Relation of NDOC as a 17 Defendant (ECF No. 185) is GRANTED. The State of Nevada ex rel. NDOC is added as a party 18 defendant solely with regard to state tort claims of Count XII of Plaintiff’s Third Amended 19 Complaint. 20 IT IS SO ORDERED. 21 Dated: August 28, 2019. 22 _________________________________ 23 WILLIAM G. COBB UNITED STATES MAGISTRATE JUDGE