Wednesday’s multiple filings by Jose “Chille” DeCastro in his Las Vegas based federal civil rights lawsuit against the Las Vegas Metro Police Department (LVMPD) confused observers as it appeared that DeCastro attempted to hold the LVMPD accountable for not contacting him to start the discovery process after recent rulings in the case.
DeCastro contends that a previous ruling by Judge Andrew P. Gordon indicated that the LVMPD had 14 days to contact DeCastro to start the discovery process after Gordon ruled on the LVMPD’s motion to dismiss.
Gordon wrote: MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/21/2023. By Judicial Assistant: E. Santiago.Pending before the Court is Las Vegas Metropolitan Police Department and Officers Torrey, Bourque, Dingle, Sorenson, Sandoval, and Doolittle’s Motion to Stay Discovery. ECF No. 32 . Plaintiff filed a Non-Opposition to the Motion on July 19, 2023. ECF No. 34 . Accordingly, IT IS HEREBY ORDERED that the Las Vegas Metropolitan Police Department and Officers Torrey, Bourque, Dingle, Sorenson, Sandoval, and Doolittle’s Motion to Stay Discovery (ECF No. 32 ) is GRANTED. IT IS FURTHER ORDERED that no later than fourteen (14) days after the Court issues an Order pertaining to the pending Motion to Dismiss, Defendants must contact Plaintiff for purposes of meeting to discuss a proposed discovery plan and scheduling order to be filed with the Court.IT IS FURTHER ORDERED that no later than twenty-one (21) days after the Court issues its Order resolving the Motion to Dismiss, a revised proposed discovery plan and scheduling order must be filed with the Court.IT IS FURTHER ORDERED that if the parties cannot agree on a revised discovery plan and scheduling order they must each file a proposed discovery plan and scheduling order no later than twenty-one (21) days after the Court issues its Order resolving the Motion to Dismiss. (no image attached) (Copies have been distributed pursuant to the NEF – ES) (Entered: 07/21/2023)
Gordon later ruled in October on the LVMPD’s motion to dismiss, dismissing the vast majority of DeCastro’s claims and giving DeCastro the ability to rewrite and refile a handful of the claims by November 22, 2023, in an Amended Complaint.
In Wednesday’s motions, DeCastro argued that because a ruling involving the motion to dismiss was issued, the LVMPD should have contacted him to begin the discovery process as ordered by the Judge. He further requests a 28-day extension to file a Rule 59(e) motion in response to the Judge’s order dismissing parts of the case. If granted, the extension to file the Rule 59(e) motion would give “an extension is for 28 days after the ruling on this motion or 28 days after the lift of the stay of proceedings in this action, whichever is later.”
DeCastro’s lawsuit against the LVMPD is currently stayed until the criminal proceedings from his arrest in March of 2023 are completed. The YouTuber is currently appealing an order by Judge Gordon denying his request to stay the criminal charges until the civil case ends in the Court of Appeals for the Ninth Circuit.
The activist and YouTuber is set for trial on the Las Vegas criminal charges in early December.
[Disclosure: A previous version of this article had indicated that DeCastro was looking to extend the time he had to file his amended complaint. That was in error. DeCastro was seeking the time to file a Rule 59(e) motion.]
Case Links
The Public Documents of Jose Maria “Chille” DeCastro
https://thepublicdocuments.com/
DeCastro vs. Peter, etc. – California State Superior Court
https://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil (Use case: 23SMCV00538)
DeCastro vs. Las Vegas Metropolitan Police Department
https://www.courtlistener.com/docket/67210646/decastro-v-las-vegas-metropolitan-police-department/
DeCastro vs. Mcknight (Federal Court filed in Nevada vs. Ohio)
https://www.courtlistener.com/docket/68308740/decastro-v-mcknight/
DeCastro vs. Wagner (Ironton) – APPEAL
https://www.courtlistener.com/docket/67862227/jose-decastro-v-pam-wagner/
Feb 14, 2024 Arrest (Las Vegas)
https://municourt.lasvegasnevada.gov (Defendants, DeCastro, Jose, 9/11/74)
Maryland Criminal Complaint by Collin Campbell
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CR-24-000572)
DeCastro vs. State of Nevada (Appeal of March 2024 conviction)
https://www.clarkcountycourts.us (Use case: C-24-381730-A)
DeCastro vs. Evan McKnight, Defendants (Lawsuit against Ironton filed in Nevada state court)
https://www.clarkcountycourts.us (Use case: A-24-888450-C)
Rodgers v. Winfrey (Deboraugh Rodgers Federal Case)
https://www.courtlistener.com/docket/66901243/rodgers-v-winfrey/
Dollarhide v. Dickens (Jason Dollarhide Federal Case)
https://www.courtlistener.com/docket/64862375/dollarhide-v-dickens/
DeCastro vs. Abrams & Peter (Dismissed)
https://www.courtlistener.com/docket/64946355/decastro-v-abrams/
DeCastro vs. Wagner (Ironton) (Dismissed)
https://www.courtlistener.com/docket/63235878/decastro-v-wagner/
DeCastro vs. Las Vegas Metropolitan Police Department – APPEAL (Dismissed)
https://www.courtlistener.com/docket/67693595/jose-decastro-v-lvmpd/
Wallace v. Las Vegas Metropolitan Police Department (Dismissed)
https://www.courtlistener.com/docket/67423252/wallace-v-las-vegas-metropolitan-police-department/
Maryland Peace Order by Collin Campbell (Closed)
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CV-24-809545)
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