Mahmoud v. Sisolak ( 2024 )

Attorney General 2 NATHAN M. CLAUS (Bar No. 15889) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 5 (702) 486-7629 (phone) (702) 486-3773 (fax) 6 Email: nclaus@ag.nv.gov 7 Attorneys for Defendant Gregory Bryan 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 MOHAMED MAHMOUD Case No. 2:22-cv-00615-APG-MDC 11 Plaintiff, 12 v. JOINT STIPULATION REPORT 13 STEVE SISOLAK, et al., 14 Defendants. 15 16 Plaintiff Mohamed Mahmoud, by and through counsel Tiffany Solari, Esq., and 17 Defendant Gregory Bryan, by and through counsel, by and through counsel, Aaron D. Ford, 18 Nevada Attorney General, and Nathan M. Claus, Deputy Attorney General, of the State of 19 Nevada, Office of the Attorney General, hereby submit this Joint Stipulation Report. 20 Since the filing of the last stipulation, ECF No. 63, Mr. Claus sent an email to 21 Counsel for Mary Lefler, Kari Stephens on Wednesday July 31, 2024. See Exhibit A. Ms. 22 Stephens informed Mr. Claus that Ms. Lefler has only been conferred limited authority as 23 Special Administrator to be substituted as a Defendant in the place of Gregory Martin in 24 the matter of George Brass v. State of Nevada ex rel NDOC, et al., USDC Case No. 2:21-cv- 25 00074-RFB-MDC. Id. Upon inquiry, Ms. Stephens indicated that neither she nor Ms. Lefler 26 would accept any suggestions of death related to matters not part of the Brass case. Id. 27 On August 12, 2024, Mr. Claus forwarded the email exchange with Ms. Stephens to 28 Ms. Solari indicating that he believed that Ms. Solari, on behalf of her client, will likely 2 to get a specific letter of administration for this case similar to the process used in George 3 Brass v. State of Nevada ex rel NDOC, et al., USDC Case No. 2:21-cv-00074-RFB-MDC. In 4 the underlying probate action, P-24-120977-E, In the Matter of the Estate of Gregory 5 Martin, Ms. Lefler appears to have been commissioned by Mr. George Brass to complete 6 the request for special administration. See Exhibit B: P-24-120977-E - Ex Parte Petition - 7 EXPP PRB. Mr. Brass is also an inmate in the custody of the Nevada Department of 8 Corrections1 represented by probono counsel (Joshua A. Dowling, Esq.).2 Ms. Solari 9 believes that pursuant to Macias v. Nevada, No. 3:19-cv-00310-ART-CSD, 2023 WL 4530483 (D. 10 Nev. July 12, 2023), and in light of Mr. Mahmoud’s status, the Attorney General’s office 11 should undertake further efforts to retain a Special Administrator for Defendant Gregory 12 Martin. It is the Attorney General’s position that it has neither any authority under state 13 law, and that its attorneys may run afoul of the Rules of Professional Conduct, should it 14 take steps to retain a Special Administrator on behalf of Mr. Martin, as neither the Office 15 nor any attorney within the office has any client to obtain consent from relating to taking 16 those actions. See NRS 41.0339(1);NRPC 1.6(a), 1.8(b), 1.9(a)-(c), 1.18. 17 As of this report, the identities of John Doe 3, John Doe 4, John Doe 5, John Doe 6, 18 John Doe 7, John Doe 9, and Jane Doe 1 have yet to be discovered and the parties are 19 exploring possible settlement options. 20 The parties are asking for an additional 30 day stay. 21 DATED this 30th of August, 2024. DATED this 30th of August, 2024. 22 CLARK HILL PLLC AARON D. FORD 23 Attorney General 24 /s/ Tiffany Solari /s/ Nathan M. Claus TIFFANY SOLARI (Bar No. 16003) NATHAN CLAUS (Bar No. 15889) 25 Pro Bono Attorney for Plaintiff, Attorney for Defendant 26 Mohamed Abdalla Mahmoud Gregory Bryan 27 1 See USDC Case No. 2:21-cv-00074-RFB-MDC at ECF No. 11 28 2 Id. at ECF No. 64. 2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, 3 and that on August 30, 2024, I electronically filed the foregoing JOINT STIPULATION 4 REPORT via this Court’s electronic filing system. Parties who are registered with this 5 Court’s electronic filing system will be served electronically. 6 Tiffany Solari Clark Hill PLLC 7 1700 South Pavilion Center Drive, Suite 500 Las Vegas, Nevada 89135 8 tsolari@clarkhill.com 9 10 /s/ Kimalee Goldstien 11 An employee of the Office of the Nevada Attorney General 12 13 IT IS SO ORDERED. This case is stayed until September 30, 2024. 14 The parties shall file a Stipulation and Report regarding the status of the matter by no later than September 30, 2024. 15 16 17 ___________________________ 18 Hon. Maximiliano D. Couvillier III United States Magistrate Judge 19 Dated: 09-03-24 20 21 22 23 24 25 26 27 28