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, Ms. Solari and her firm engaged 21 in efforts to discover more information about Gregory Martin’s (deceased) estate executor 22 or administrator to substitute in his stead. During the investigation, it was discovered that 23 a trust was created for Mr. Martin. Because a trust was created, it is believed that a will 24 was also created. However, it appears that no will was filed with the clerk of the court 25 pursuant to NRS 136.050. Investigation also revealed that Mr. Martin was represented by 26 attorney Robert Kurth. 27 On May 17, 2024, Ms. Solari sent a letter via mail and e-mail to Mr. Kurth regarding 28 Mr. Martin’s involvement in the instant lawsuit along with questions regarding his estate. 2 estate and find the correct individual to be named. To date, Ms. Solari has not received a 3 response from Mr. Kurth. 4 Thereafter, Ms. Solari and Mr. Claus engaged in a telephone conference on June 11, 5 2024, to follow up on the discussion for the substitution of Mr. Martin. Ms. Solari indicated 6 she did not find an open estate for Mr. Martin and was trying to seek more information 7 from Mr. Martin’s prior attorney, Mr. Kurth, and also look into whether an estate could be 8 set up for Mr. Martin through the probate process. Mr. Claus and Ms. Solari then agreed 9 to have a follow-up conversation regarding the probate process and substitution. Ms. Solari 10 asked Mr. Claus whether the AG’s office intended to take any action regarding creating an 11 estate for Mr. Martin given he is named in multiple other open cases. Mr. Claus said he 12 would inquire with his office. 13 On June 21, 2024, Mr. Claus emailed Ms. Solari indicating that at this time, 14 Defendant will not be opposing any efforts by Plaintiff to complete the probate process for 15 a possible estate, but could not indicate a position on substituting a proposed estate for 16 Gregory Martin (deceased) as of that date. 17 On June 24, 2024, Ms. Solari emailed Mr. Claus inquiring whether his office would 18 be willing to take reasonable efforts as outlined in Macias1 to serve proper service of death 19 on Mr. Martin’s representative. On June 25, 2024, Mr. Claus responded to Ms. Solari that 20 under his interpretation, the Macias case was not applicable here as Mr. Macias was pro 21 se and Judge Traum found that it was unlikely a pro se person could undertake efforts 22 needed to complete the investigation into that case’s decedent’s successor, which does not 23 apply here. Mr. Claus could not agree that his office is under any specific duty as outlined 24 in Macias but advised that once Mr. Martin’s personal representative is known, his office 25 would likely effectuate service on them. Mr. Claus further represented he also tried to reach 26 Mr. Kurth’s office but was unable to get a response. 27 28 1 Macias v. Nevada, No. 319CV00310ARTCSD, 2023 WL 4530483 (D. Nev. July 12, 2023). 1 2 In light of the above, the parties seek an additional stay of the case of 60 days anda 3 status hearing to discuss the issue regarding the personal representative with the Court. 4 5 DATED this 25th of June, 2024. DATED this 25th of June, 2024. 6 7 CLARK HILL PLLC AARON D. FORD 8 Attorney General 9 /s/ Tiffany Solari /s/ Nathan _M. Claus TIFFANY SOLARI NATHAN CLAUS 10 Nevada Bar No. 16003 Nevada Bar No. 15889 1700 South Pavilion Center Drive, 555 E. Washington Avenue, 11 Suite 500 Suite 3900 Las Vegas, Nevada 89135 Las Vegas, NV 89101 12 Tel: (702) 862-8300 Tel: (702) 862-8300 13 Pro Bono Attorney for Plaintiff, Attorney for Defendant A Mohamed Abdalla Mahmoud Gregory Bryan 15 IT IS SO ORDERED that the parties’ stipulation is GRANTED. The matter is 16 stayed until August 30, 2024. The parties shall file a “Stipulation and Report” regarding the status of the matter, particularly the status of a substitution for 17 defendant Gregory Martin. 18 IT IS FURTHER ORDERED that the State of Nevada Attorney General shall 19 make a reasonable investigation into the status of defendant Martin's estate and if a representative of the estate or successor is discovered shall serve the suggestion 20 of death in accordance with Rules 4 and 25 on the representative or successor. The 21 State of Nevada Attorney General shall, within 30 days of the date of this order, file proof of service reflecting proper service of death on the representative or 22 successor of defendant Martin or, if counsel is unable to effect such service, counsel 93 shall file a declaration concerning all efforts to comply with this Order. 24 Jp a # fe 25 Z£ MeL, “ 3", 26 Hox ue Me iiss oD. \Couvillier #11 _Afiited States widgistlate Judge 27 fr 7/1/2064 / / 2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, 3 and that on June 25, 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28