Holtzclaw v. Laxalt ( 2023 )

1 Rene L. Valladares Federal Public Defender 2 Nevada State Bar No. 11479 3 *Kimberly Sandberg Assistant Federal Public Defender 4 New York State Bar No. 5152863 411 E. Bonneville Ave., Ste. 250 5 Las Vegas, Nevada 89101 6 (702) 388-6577 Kimberly_Sandberg@fd.org 7 8 *Attorney for Plaintiff Bryan Holtzclaw 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 Bryan Holtzclaw, 13 Plaintiff, Case No. 2:19-cv-00041-RFB-NJK 14 v. Stipulation and Order Allowing Plaintiff to File Second Amended 15 Romeo Aranas in his individual capacity; Complaint Gregory Bryan in his individual capacity; 16 Bob Faulkner in his individual capacity; Monique Hubbard-Pickett in her 17 individual capacity; Georges-Pele Taino in his individual capacity; Nonilon Peret in 18 her individual capacity; Gregory Martin in his individual capacity; Michael Minev in 19 his individual capacity 20 Defendants. 21 22 23 24 25 26 27 1 Mr. Holtzclaw filed his First Amended Complaint on April 21, 2021. ECF No. 2|| 78. After appointing counsel, ECF No. 124, the Court issued a scheduling order expressing that he shall file a motion to amend the complaint, or an amended 4|| complaint by stipulation of the parties, by August 23, 2023. ECF No. 131 at 2. 5 Under Rule 15(a)(2) of the Federal Rules of Civil Procedure, which governs other amendments, “a party may amend its pleadings only with the opposing 7|| party’s written consent or the court’s leave. The court should freely give leave when 8 | | justice so requires.” This rule “should be interpreted with ‘extreme liberality.” 9|| Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990) (quoting United 10] | States v. Webb, 655 F.2d 977, 979 (9th Cir. 1981)). 11 Here, allowing amendment is appropriate given the procedural posture of the case and other factors. See, e.g., King v. Ryan, No. CV-16-00259-TUC-RM, 2019 WL 13 | | 6170369, at *1-2 (D. Ariz. Nov. 20, 2019). Accordingly, it is hereby stipulated between Plaintiff and Defendants, by and through their respective counsel, that Mr. Holtzclaw should be granted leave to amend to file his Second Amended Complaint, 16| | which is attached as Exhibit A to this Motion. 7 Respectfully submitted August 23, 2023, 18 19 /s/ Douglas R. Rands Rene L. Valladares Douglas R. Rands Federal Public Defender Senior Deputy Attorney General /s/ Kimberly Sandberg 21 Attorney for Defendants Kimberly Sandberg 99 Assistant Federal Public Defender 23 IT IS SO ORDERED: 24 26 United States District Judge 2 Dated: August 24,2023